PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

MONDAY, JANUARY 29, 1968

Beginning of a Special Session of the Forty-first Legislature convened under the Constitution of A.D. 1885,
begun and held at the Capitol in the City of Tallahassee, in the State of Florida, on Monday, January 29, 1968.

The House was called to order at 10:00 A.M. by the Honor-
able Ralph D. Turlington, Speaker of the Forty-first House,
pursuant to the following Proclamation of the Governor which
was read by the Clerk:
PROCLAMATION
STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
TO THE HONORABLE MEMBERS OF THE FLORIDA SEN-
ATE AND THE HOUSE OF REPRESENTATIVES
WHEREAS, on September 5, 1967 the Commission for Qual-
ity Education was created and given the responsibility of de-
veloping a master plan for the total future educational pro-
gram of Florida, and
WHEREAS, this thirty member Commission, consisting of
eminent and well qualified individuals, has diligently examined
Florida's entire educational system to determine our future
needs and the ability of our present establishment to provide
for them, and
WHEREAS, on December 22, 1967 the Commission presented
its report containing recommendations designed to make Flor-
ida first in education by 1975, and
WHEREAS, these recommendations will require immediate
legislative action to insure the successful development of Flor-_
ida's educational program, and
WHEREAS, it is my belief that it is in the best interest of
all of our citizens that the Legislature, be convened forthwith
in special session to accomplish this important purpose;
NOW THEREFORE, I, Claude R. Kirk, Jr., as Governor
of the State of Florida, by virtue of the power and authority
vested in me by Article IV, Section 8 and Article III, Section 2
of the Constitution of the State of Florida, do hereby convene
the Legislature of the State of Florida in special session at the
Capitol for ten (10) legislative days beginning at 10 A.M. on
Monday, January 29, 1968 and ending at 5 P.M. on Friday,
February 9, 1968.
This call is for the sole and exclusive purpose of consider-
ing constitutional amendments and legislation dealing with
pre-school through twelfth grade, junior college and higher
educational school systems of the State of Florida.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Great Seal of
the, State of Florida to be affixed at Talla-
hassee, the Capitol this January 13, 1968.
CLAUDE R. KIRK, JR.
Governor
ATTEST:
TOM ADAMS
Secretary of State
The following Members were recorded present:

Prayer
Prayer by Dr. Fred T. Laughon, Chaplain:
Great God of us all, we thank Thee that Thou hast
brought us back to this critical place of service. Give us
the wisdom, the desire and the courage to do what is
best for all the people of this state which we so deeply
love. Help us to so carry one another's burdens that
all of our citizens will know that we are trying to obey
the very laws of God. While we carry the burdens of oth-
ers, we beg that Thou will help us bear our own burdens
of separation from our families and our businesses, and
the burdens of mental and physical weariness. Knowing
that our God can supply all our needs, we move into these
next days with courage and hope. This we pray in Jesus'
name. Amen

Pledge
"The Members pledged allegiance to the Flag.

Introduction of House Resolutions:
By Representative Rowell-
HR 1-X(68)-A house resolution providing for the Rules of
the House of Representatives in Extraordinary Session.
Be It Resolved by the House of Representatives of the State
of Florida:
1. That the Rules of the House of Representatives adopted
for and during the Regular Session 1967 shall govern the
House in Extraordinary Session insofar as these are appli-
cable, with the following specific exceptions:
(a) The Speaker shall constitute such standing commit-
tees provided for the 1967 Regular Session as need may de-:
velop from time to time.

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2 JOURNAL OF THE HOUSE

(b) All measures for introduction shall be delivered to
the Clerk at least one hour prior to the convening of the
House on any legislative day.
(c) A motion to reconsider shall be disposed of when
made.
2. These Rules shall be changed, altered or amended by
majority vote of the House, upon recommendation of a ma-
jority of the Committee on Rules & Calendar, which report
shall be acted upon by the House instanter.
-was read the first time by title.
On motions by Mr. Rowell, the resolution was read the
second time in full and adopted.
By Representative Rowell-
HCR 2-X(68)-A concurrent resolution providing that the
House of Representatives and the Senate convene in joint ses-
sion for the purpose of receiving the message of the Gover-
nor.
WHEREAS, His Excellency, Governor Claude R. Kirk, Jr.,
has expressed a desire to address the Legislature in joint ses-
sion, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the House of Representatives and the Senate convene
in joint session in the chamber of the House of Representa-
tives at 10:50 A.M. today, Monday, January 29, 1968, for the
purpose of receiving the message of the Governor.
-was read the first time in full.
On motions by Mr. Rowell, the rules were waived and HCR
2-X(68) was read the second time by title, adopted and or-
dered immediately certified to the Senate.
By Representatives Reedy, Alvarez, Andrews, Ashler, Beck,
Bevis, Bird, Brantley, Briggs, Brower, Caldwell, Campbell,
Chappell, Clark, Conway, Crabtree, Craig, Crider, Culbreath,
D'Alemberte, Danahy, Davis, DeYoung, Dubbin, Ducker, Eddy,
Elmore, Featherstone, Ferre, Firestone, Fortune, E. M., Fortune,
J., Gallen, Gautier, Gibson, Gillespie, Gissendanner, Gorman,
Graham, Grange,, Gustafson, Hector, Hodes, Humphrey, Ken-
nelly, King, Lewis, Lindsey, Mann, Martinez, E. L., Martinez,
J. M., Matthews, Mattox, McKinley, Middlemas, Murphy, My-
ers, Pfeiffer, Poorbaugh, Pratt, Randell, Reed, Reeves, Robin-
son, Rowell, Rust, Sackett, Seissums, Shadley, Shaw, Stevens,
Sweeny, Wells, Williams, Yancey, and Yarborough-
HR 3-X(68)-A resolution commending James M. Moler for
his leadership as President of Kiwanis International and mani-
festing appreciation for his coming to Florida.
WHEREAS, Kiwanis International is an outstanding organi-
zation recognized by and helping community leaders through-
out the free world, and
WHEREAS, James M. Moler of Charles Town, West Vir-
ginia, the dynamic and indefatigable President of this organi-
zation will this day be the guest of the Florida Legislature,
and
WHEREAS, Mr. Moler has personally and through the Ki-
wanis organization which he represents made effective con-
tributions in the field of education, the matter of prime con-
cern at this special session, and
WHEREAS, James Moler and Kiwanis have also demon-
strated a keen interest in legislative affairs, public works,
good government and other areas of mutual concern, and
WHEREAS, it is a pleasure to pay tribute to outstanding
citizens of the nation who come to the Sunshine State and
share, their time and talents with we Floridians, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:

Section 1. That the House of Representatives of the State
of Florida hereby commends James M. Moler for his vigorous,
effective and productive leadership of Kiwanis International
and by this resolution manifests its appreciation to him for
coming to Florida during the year of his Presidency on behalf
of Kiwanians throughout the world.

(

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of
the Senate has adopted-
HCR 2-X(68)

Representatives that

Respectfully,
Edwin G. Fraser
Secretary of the Senate

OF REPRESENTATIVES January 29, 1968

-was read the first time by title.
On motions by Mr. Reedy, the resolution was read the sec-
ond time in full and adopted.

Committee to Senate
On motion by Mr. Matthews, the Speaker appointed Repre-
sentatives Smith, Chairman, Stallings and Murphy as a com-
mittee to inform the Senate that the House has organized
and is ready to transact business.

Committee to Governor
On motion by Mr. Schultz, the Speaker appointed Represen-
tatives Reed, Chairman, Reeves, Matthews and Yarborough as
a committee to wait upon His Excellency, Claude R. Kirk,
Jr., Governor, and to notify him that the House has organized
and is ready to transact business.

Remarks by the Speaker
On motion by Mr. Rowell, the following remarks by The
Honorable, Ralph D. Turlington, Speaker, were ordered spread
upon the Journal:
The Governor has called us into Special Session for the
purpose of upgrading the educational system in the State
of Florida. We will hear from him shortly. It is my hope
that he will give us his specific recommendations on how
to solve these educational needs. When he does, let us act
with responsibility, initiative and dispatch. We have been
called here for ten days. Let us get the job done for the
people of Florida, and more especially for the students of
this state. Then, let's go home.

Recess
The House stood in informal recess while the committees
performed the duties assigned them.

Reconvened
The House was called to order by the, Speaker at 10:30 A.M.
A quorum was present.
The committees returned and reported they had performed
the duties assigned them and were discharged.

Committee from the Senate
A committee consisting of Senators Elrod, McClain and
Weissenborn was received and announced that the Senatel was
organized and ready to transact business.

Presentation of Guest
On motion by Mr. Reedy, the Speaker appointed Messrs.
Reedy, Conway and Yarborough as a committee to escort Mr.
James M. Moler, President of Kiwanis International, to the
rostrum where he was introduced. The Speaker presented Mr.
Moler with a copy of HR 3-X(68).

MESSAGE FROM THE SENATE
January 29, 1968

HCR 2-X(68), contained in the above message, was ordered
enrolled.

Recess
On motion by Mr. Rowell, the House stood in informal re-
cess at 10:35 A.M.

Reconvened
The House was called to order by the Speaker at 10:45 A.M.
for the Joint Session.
A quorum was present.
JOINT SESSION
Arrival of Cabinet and Supreme Court
Honorable Tom Adams, Secretary of State; Honorable Earl
Faircloth Attorney General; Honorable Fred 0. Dickinson, Jr.,
Comptroller; Honorable Broward Williams, Treasurer; Honor-
able Doyle Conner, Commissioner of Agriculture; and Honora-
ble Floyd T. Christian, Superintendent of Public Instruction,
constituting the Cabinet of the State of Florida, and Mr. Chief
Justice Millard F. Caldwell, Mr. Justice Elwyn Thomas, Mr.
Justice B. K. Roberts, Mr. Justice E. Harris Drew, Mr. Justice
Campbell Thornal, Mr. Justice Richard W. Ervin and Mr. Jus-
tice Alto Adams, constituting the Supreme Court of Florida,
were escorted into the Chamber by the Sergeant-at-Arms and
seated at the rostrum.
Pursuant to the provisions of HCR 2-X(68), the Members
of the Senate, escorted by the Sergeant-at-Arms of the Senate
and the Sergeant-at-Arms of the House, appeared at the door
of the House and were seated in the Chamber.
The Joint Session was called to order by the Speaker at
11:00 A.M.
A quorum of the House of Representatives was declared
present.

THE PRESIDENT OF THE SENATE IN THE CHAIR
A quorum of the Senate was declared present.

Prayer
Prayer by Dr. Fred T. Laughon, Chaplain of the House:
O Lord our Heavenly Father, if ever we needed Thy
wisdom and Thy guidance, it is now-as the Governor and
the entire Legislature of the State of Florida begin this
critical session which is so fraught with so many danger-
ous opportunities. Thou hast promised to give us Thy
Holy Spirit if we are willing to open our hearts and let
Him in. Make us to want only that which is great and
noble to happen here these days. We know that without
Thee we can do nothing, but with Thee we can do all
things. Nothing shall frighten us, hence we give Thee
thanks that Thou hast matched us with this hour. May we
resolve, God helping us, to be part of the answer, and not
part of the problem. For Jesus' sake. Amen

Committee to the Governor
On motion by Senator Young, the President appointed Sen-
ators Young, Fisher and de la Parte and Representatives Sav-
age, Wolfson and Gallen as a joint committee to notify Gov-
ernor Kirk that the Legislature has assembled and is ready to
receive his message.
The committee retired, and presently returned escorting His
Excellency, Governor Claude R. Kirk, Jr., to the rostrum.

The President then presented Governor Kirk, who addressed
the Joint Session as follows:

3

Governor's Address
Mr. Speaker, Mr. President, Honorable Justices of the Flor-
ida Supreme Court, Members of the Cabinet, Distinquished
Members of the Florida Legislature, Members of the Commis-
sion for Quality Education in Florida, My Fellow Floridians:
You have come together today at our State Capitol for an
historic special session of the Florida Legislature. Never before
in the long history of Florida has any legislature convened for
the sole purpose of examining the state of public education and
considering the ways and means by which it might be signifi-
cantly improved.
We are concerned with improving education so our children
-and their children-will learn more and so that a Florida di-
ploma will be a national symbol of scholastic excellence.
But we must be equally concerned with the role of a revita-
lized education system in the future growth of Florida. Every
day, everywhere in the United States, we are actively seeking
new investments, new plants, new payrolls for Florida. We are
a state with a growing population-and we must provide pay-
rolls for our graduates and constantly increase our economic
base.
I have just returned from discussions with industrialists in
Wisconsin, in Illinois, in Pennsylvania and in other states. One
of their first questions concerns the proposed restructuring of
public education. These businessmen and financiers know the
balance sheet of public education-its assets and its liabilities.
They know what we are trying to do here-and they are watch-
ing to see how we will meet this challenge to state government.
The shape of Florida's future is in electronics, in Oceano-
graphy, in space age engineering and in the technically oriented
industries of tomorrow. To attract these steadily growing pay-
rolls calls not only for educated people, but for an educational
establishment that has within itself the vitality to anticipate
the learning needs of the business community.
It is going to cost money to accomplish a restructuring and
a revitalization of education. There are people who will be un-
happy at the need for investing more in education-just as they
are unhappy over investing new state funds in fighting crime,
in fighting pollution and in other essential fields of government
service.
But whether we are young or old, Florida born or compara-
tive newcomers, we must all be real Floridians-and we must
be willing to bear the burdens of citizenship just as we accept
its privileges.
It is perfectly all right to question our investment in edu-
cation-for only by questioning, by inquiring, by probing can
we make sure that we are creating an educational system of
maximum effectiveness. But we must all be willing to stand up
and be counted in support of the new system we are going to
create here and the excellence we are setting out to achieve.
I bring before you now the report of the Commission for
Quailty Education in Florida. This 30 member citizen Com-
mission was appointed on September 5. It was charged with
doing everything necessary to provide you with a blueprint by
which Florida education could be moved upward to achieve ex-
cellence by a time certain.
The history of public education, both in Florida and else-
where, has been one of continual demands for more and more
money to educate more and more students-but there has al-
ways been a vast reluctance on the part of the educational es-
tablishment to be graded in terms of accepted investment analy-
sis.
One of the reasons the people of Florida elected the Kirk ad-
ministration to office was because they wanted the new direction
of new leadership-in every aspect of state government-in
non-political road building-in the attack against pollution and
in the war on crime-and in the modernizing and strengthening
of our educational system, upon which we are now about to em-
bark.
Money has always been asked for on the basis it was needed

for education. But never was there a management system that
could provide the facts about specific performance for money
already spent-or that could produce anything but the most
generalized projections as to future needs.
When the Road Department builds a highway, the public

January 29, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

4 JOURNAL OF THE HOUSE

knows at once if it is a good highway, if it is a safe high-
way, if it is an adequate traffic mover. But the dollars in-
vested in education have simply disappeared by the billions into
a system whose only justification up to now has been that it
has obviously been hard at work.
Hard work is an asset and a virtue. But all the hard work in
the world must fall far short of excellence unless it is prop-
erly programmed and directed and unless it imposes upon itself
realistic standards of performance measurement.
SIt is a historical oddity that the significant years in Florida
education have ended in seven--
: In 1927, the year of the first major citizen's committee re-
prt--just one year after I was born-Florida had 375 thou-
sand students and the state spent $973 thousand for education.
In 1947, the Legislature enacted the minimum foundation
program. There were 441 thousand students and the state
spending was $23 million.
-In 1957, education again asked for more-and the 1957 Leg-
islature provided $139 million for 852 thousand students. And
that legislature also provided a teacher pay raise that was the
largest in Florida history up to that time.
In 1967, we had almost one and a half million students and
you appropriated more money for education than ever before in
Florida history. A full $245 million more than the previous bi-
ennium. And you granted the largest single teacher pay raise
in Florida history in that package.
:It is worth reviewing the impact of the educational :spending
we are now doing. In the single fiscal year 1968-1969, we have
already appropriated $495 million for education. In the fiscal
year 1966-1967, the average Florida instructional salary level
was $7,085. The average for the entire 50 states was $7,129.
Florida-which ranks :29 among the 50 states in per capital
personal income-was only $44 below the median instructional
salary for the entire nation.
.I da not propose during this session to endlessly debate the
subject of teacher salaries. It is an obstructive issue that for
too long has been used to obscure the consideration of educa-
tion's progress rather than to illuminate it.
If we can find the overall educational solutions we are seek-
ing here-the new" concepts within the scope of which' a new
structure of education can be built-higher salaries for teach-
ers will no longer be a problem.
The Commission recommendations set up the mechanics for
an even higher level of teacher pay than We now have-and
as you heard earlier, we are already extremely close to the na-
tioral average of instructional pay.
-I must say this, however: There should be some acceptable
method devised to pay teachers on the basis of demonstrated
ability, professional performance and their functional roles in
the system. Education can no longer operate as a closed soci-
ety. It is too important-and it costs too much.
The fact is that we have not stinted in our spending on edu-
cation. But despite this fact, there were tremendous pressures
exerted in your 1967 Session to spend even more millions-and
the rationale that was used was that education was both good
and necessary and therefore it deserved all the dollars it
sought.
But you will see from the Commission report that while edu-
cation most certainly is a public good and a public necessity,
education in Florida has, up to now, operated in a framework
of serious inadequacy. Its lack of modern management tech-
niques alone has made it inevitable that additional funding
would not be fully utilized.
That is why when I addressed you on April 4, at the open-
ing of the 1967 Session, I said:

"The people of Florida are willing to pay the cost of quality
education. .but they want to know that every tax dollar
spent is buying a full measure of educational value."

If we are going to really move to achieve the educational ex-
cellence that is within our intellectual reach and our fiscal
grasp, we must-absolutely must-create the mechanism that
will give us that full measure of value.

(

DF REPRESENTATIVES January 29, 1968

:The guidelines you will find in the Commission report re-
structure our educational system to create the full value ma-
chinery of learning.
True excellence cannot be achieved overnight-nor can it be
achieved in one, two or even three years. But in that time,
those first essential steps can be taken on the road that leads
to excellence-and if the guidelines are laid down now and if
those steps are taken, excellence will be achieved no later than
1975.
You have all heard the comments of those who prefer to
criticize rather than to join in any constructive effort. They have
said, "1975? Why so long? Why not now? Today?" And they
have asked with scorn, what will excellence in 1975 do for to-
day's student.
Let me say this to all who have asked this kind of question-
especially to the well-intentioned: We live in an age of techni-
cal wonders-but no one has yet found a formula for achieving
"instant excellence." Excellence is made up of hard work; of
long effort; of detail and often of drudgery. What was not done
in all the yesterdays will not all be done today or even tomor-
row. But it can be done by 1975-and it will be done-if we
begin to do it now.
And as to what it will accomplish for today's student who
may well have graduated from elementary or high school by
1975, let me say that there is a vast difference-it would not be
an exaggeration to say an inspired difference-in the learning
achievement of a student who is part of a system of education
that is genuinely seeking and striving for excellence-as com-
pared with one that is anchored to thedull pace of mediocrity
Even if that student spends only a few years of his school
career in a system where excellence has been made an attain-
able goal, there will be a difference-in teaching, in learning, in
enthusiasm, in outlook and in the finished product.
.. The Commission has done a remarkably complete job in a re-
markably short time. The original Commission program called
for a study to take as long as 15 months. But this was ac-
celerated to provide for a comprehensive ..recommendation by
December 31st, 1967..
In order to accomplish its task in the time allotted, the Com-
mission worked with extraordinary effort and organized support
teams that worked intensively at all levels of education. These
back-up teams supplied the Commission with factual research
-of a greater volume and detil than has ever been collected--
and now correlated for the first time, on the basis of this de-
tailed information, the Commission formulated its recommenda-
tions for excellence in public education.
By an enormous collective personal effort and by the back-up
work of dedicated support teams, this job was done by the end
of last year. I would like to take this opportunity to express
publicly to all the members of the Commission-officially and
personally-my gratitude for the vast work they have done in
behalf of education's future in Florida.
Does the Commission Report provide all the answers for all
the future years? No, it does not. No report could hope to do
that--any more than any Legislature could hope to enact stat-

But the Report brings to public education new concepts and
new methods. It recommends the transfer of the basic financ-
ing of our huge-and growing-public investment in education
from the single-based tax sources of the State. It is both broad
in its scope and specific in its recommendations.
It forms a comprehensive basis for making real educational
excellence an attainable goal at a time certain.
Now you have come here to this special session to remake
public education in Florida not for a year or two years or
five years .. but for decades to come. For too long in our his-
tory, legislatures have enacted into law a vast mass of educa-
tional detail-while allowing the concepts of education-the
broad overview that sets the pattern for all that follows-to
remain untouched, unmodernized and unable to achieve stand-
ards even approaching excellence.

Now you have the unparalleled opportunity to legislate
that broad overview-to enact into the living law of Florida the
breadth of dynamic new concepts that will transform our sys-
tem of education into the system of tomorrow instead of the
system of yesterday.

JOURNAL OF THE HC

To take advantage of this kind of opportunity demands lead-
ership and courage and pride. The kind of courage that will
tell the lobbyists and the special interest groups to go home.
The kind of leadership that knows it costs the people of Florida
$17,000 a day to have you sit here and the kind of leadership
that will get the job done. The kind of pride that will send
you back home to tell the people of Florida what you have ac-
complished and what it will mean to them-and why the costs
are justified.
This is the kind of courage, the kind of leadership and the
kind of pride I intend to take in implementing this report and
in playing my part in remaking education in Florida. I ask you
now to stand united, beside me, as together we show the people
of Florida that their State Government can live up to every-
thing they expect of it.
You have had the Commission's report before you since the
early part of this month. I am sure you have studied it with
great care and that you have sought out the opinions of your
fellow-legislators, of educators, of parents and, I hope, of stu-
dents.
We should never allow ourselves to forget for a moment that
the student, for whose ultimate benefit the entire educational
enterprise operates, is for us the customer. The student point
of veiw is both important and significant in any evaluation of
education. Like any other customer, the student wants to be
pleased. If we don't please him, we can keep him, by law, com-
ing to our establishment-but if he is pleased, he will buy a lot
more of the only product we have in our inventory-learning.
I have studied this report-line by line and word for word.
To attempt to detail to you now my thoughts and reactions to
each of its 91 separate points in its 6 separate categories is
more than time will allow. I will seek, however, to have intro-
duced before this special session legislation designed to imple-
ment the work of the Commission.
This legislation will carry out the Commission's broad recom-
mendations for the restructuring and refinancing of our public
education system and create the structural and fiscal mecha-
nisms to set us on the path that, purposefully pursued, will
lead us to the excellence we seek.
Among the most important points made in the Commission
Report to which I particularly call your attention are the fol-
lowing:
1. The total reorganization of public education and the
establishment of a Florida Education Commission to re-
place the present State Board of Education-which is
the Cabinet under another name-and on which I now
serve with the impressive title of "President".
2. The appointment of a professional Commissioner of Ed-
ucation as the Chief Educational Officer of our State to
replace the Superintendent of Public Instruction, who is
now chosen in a partisan political election.
3. The appointment of District School Superintendents to
replace Superintendents now chosen in partisan elec-
tions.
4. The consolidation of school districts that are too small
to provide the full scope of quality education and too
costly to justify their continued operation.
5. The establishment of a statewide kindergarten program
as a program budgeted and coordinated part of our
entire system of education.
6. The year-round, full 12 month utilization of our total
educational facilities.
7. The establishment of a system of management that for
the first time will bring proven management techniques
to education.
8. The development of an evaluation program for the
teaching profession and for paid state-supported in-
service training for teachers and for the administrators
who must operate the system.
9. The utilization of electronic data processing and com-
puter assisted long range planning models-an innova-

tion we have never had-which will allow us to formu-
late programs based on realistic projections and with an
accurate knowledge of what has been previously

January 29, 1968

and for all the children who will fill our schools asking only to
be taught so that they may learn.
And while up to now I have remained silent, I must tell you
that I have not failed to note that the most vociferous critics
of the Commission and its work have been those who in the
past had it within their power to direct education toward real

)USE OF REPRESENTATIVES 5

achieved. This is a mandatory priority in any program
that aims at real excellence.
10. The installation of a uniform accounting system and
centralized purchasing-both of which will be of tre-
mendous impact in effecting substantial economies at all
levels of education.
11. The institution of a program that simplifies and im-
proves the financing of education in Florida beyond any-
thing ever previously contemplated.
12. The creation of a program that provides for major state
support of public education and relief for local property
taxpayers. And it provides for a built-in limit on local
real estate taxes.
13. The development of programs to serve the full range of
educational needs for all Floridians-from pre-school
children through adult education including senior citi-
zens.
14. The reinforcement of local control of education by pro-
viding for increased flexibility and responsibility at the
district level through locally developed plans to meet
individual school district needs.
And, perhaps most important of all,
15. The program that installs a system-wide program
budgeting requirement that is going to put education on
a program of specified goals to be achieved for dollars
spent. The educational budget requests you will see in
the future will be far different from the "motherhood"
pleading of the past. Now budgets are going to have to
be justified and the achievement targets and the goal of
excellence are going to be built-in before money is ap-
propriated-and we are going to be able to measure
what really was done for every dollar spent.
What I want to do today is to focus on the main thrust of
the report-on those sections having to do with organization
and finance.
Although the complex legalities created by previous legisla-
tion will call for a number of separate pieces of legislation,
;your basic task here is going to be the restructuring of our
system of public education and finding the ways and means of
financing the pursuit of educational excellence.
Restructuring and financing are indissolubly bound together.
We are pouring money now into an antiquated system with its
built-in rigidities and incapabilities at a rate almost 40 times
as great as we spent just 25 years ago-and we are nowhere in
sight of excellence, instead we are reduced to striving for bare
competence.
This has come about because of a misguided obedience to the
age old law of inertia and through stubborn resistance to the
basic changes that are so clearly necessary. Our educational
establishment is a patchwork quilt of statute upon statute, reg-
ulation upon regulation and rule upon rule. It has sought to
please everyone-and it has finally arrived at the State where it
satisfies no one.
It should have been changed a long time ago-and we would
all be measureably better off if it had been. Many of the
changes you will be asked to make now were recommended by
another Commission formed to upgrade education-and the
date of these recommendations was not 1957, or '47 or '37-
but 1927.
If you are concerned now about the student who will not get
the full benefit of excellence because, even at full speed ahead,
it can't be attained until 1975, what tears will you weep for 40
lost years of schoolboys and schoolgirls?
I tell you now: Don't spend your time lamenting what
might have been done in the past. Instead, turn your vision to
the future. Take this opportunity to create a system of educa-
tion in Florida that will mean excellence for your children,
for my daughter Adriana who is just starting her education,

6 JOURNAL OF THE HOUSE

change and who, time and again, refused to take up the task of
leadership.
Yes, they are in favor of change-but not this change, not at
this time, not in this way. If we continue to listen to voices
whose only courage is to fearlessly counsel caution, we shall
continue education's steady advance to an even greater medioc-
rity than we now suffer.
They have had their chance. They refused it. They feared
the possible risks more than the possible gains. Now it is up to
you.
Those who so steadfastly oppose change continually-and
last year-proposed money-as if dollars possessed some
magic property that could remedy all deficiencies. The fact is
that the creaking structure in which education in Florida is
now housed, does not possess the basic capability of realizing
anything near the maximum return on the investment we now
make in education.
To suggest that it could successfully handle any substantial
additional funding would be to superimpose comedy upon trag-
edy.
I am therefore recommending to you that you enact the nec-
essary legislation, including such constitutional amendments
as may be required, to restructure public education in Florida
in accordance with the recommendations contained in the first
8 points of the Commission Report.
These recommendations remove education from the political
arena. There is no longer any justification-if there ever was--
for electing a Superintendent of Public Instruction. What we
need is the best qualified individual we can find-not just in
Florida, but in the entire United States-to function as a pro-
fessional Commissioner of Education.

We need an Education Commission that will remove educa-
tion from a Cabinet that possesses no inherent qualifications
for dealing with it at any level-and whose members have
never been elected to office because of their stands on educa-
tion or their ability to direct it.
This is in no way personally or politically motivated. This
kind of recommendation has been concurred in by boards, com-
missions, foundations and universities that have surveyed edu-
cation in many states. It is the right change to make for better
education and it is an essential change if we are ever to achieve
excellence.
It is my belief that the membership suggested in the Com-
mission Report for the Florida Education Commission is too
cumbersome to be practical. My suggestion would be that this
Commission be composed of 4 members of the Florida Public
School Board-the Board that will be responsible for public ed-
ucation from kindergarten through high school; 2 members
from the Junior College Board and 2 members from the Board
of Regents, representing higher education. To these I would add
3 additional members to be appointed by the Governor, one of
whom would serve as Chairman.
I think this 11 member Education Commission will prove
more workable than the 27 member commission proposed by the
Commission-and, unlike the recommended commission, this
commission will be more broadly representative and avoid the
total duplication built into the original proposal.
Members of all education boards in this new structure should
be compensated so that we can demand of them the sustained
effort that will be involved in their work. Their terms should
be for 6 years on a staggered basis. Nine years is a long, long
time--and I am seriously afraid that the value of a fresh point
of view would be lost long before a 9 year term was up. I also
feel that the Governor's appointees on these boards should be
subject to Senate confirmation.

I would, however, like to see the Florida Public School Board
which is responsible for education in grades k through 12 be
expanded to 15 members-one from each congressional district
and 3 at large.
And I am going to insist that this Board take over the edu-
cation programs of the Division of Corrections and the Divi-
sion of Youth Services-including the new and unused Lake
Butler Reception Center. We must have an effective education

(

they will be paying them on a really equal basis for the first
time.

I am going to recite to you now a detailed breakdown of the
additional money I am recommending be invested in a restruc-
tured system of public education in Florida.

OF REPRESENTATIVES January 29, 1968

program in our institutions-and we must see that everyone in
custody receives the equivalent of a high school education to fit
them to lead a productive life.
This organization section of the Commission Report also calls
for appointed school district superintendents-another recom-
mendation which has been made time and time again in one re-
port after another-and in which I concur.
Superintendents should be appointed by District School
Boards but their professional qualifications for the position
should be established by the Florida Public School Board.
One of the finest sections in the Commission Report is the
section devoted to management. Here you will find for the first
time-and more comprehensive than in any other state-a blue-
print for the management of public education on a basis of
business efficiency and business economy.
Education is America's biggest and most important business.
But despite the millions-and the billions-invested in educa-
tion, it has never really been operated along businesslike lines.
Now, for the first time, education is going to be structured so
that for dollars spent, there must be corresponding accomplish-
ment. No longer will we be asked to embark on vaguely defined
programs. Now we will work with planned program budgets
thatwill detail the goals dollars are to achieve.
If this section is fully implemented as I most strongly urge
that it be, our management consultants have projected that
these business management practices can produce an annual
savings of as much as $75 million dollars by 1975.
And the dollar savings will not be the only benefit. The ap-
plication of these proven techniques of management to educa-
tion will give us-for the first time-a methodology by which
we can measure, judge and compare the actual educational
achievement our dollars and our labors are producing.
It is precisely because education has lacked these manage-
ment techniques that it has remained anchored to mediocrity-
always using new millions in old ways-always knowing that
somehow, somewhere there must be a better way of doing
things, but unable to reach that point with an outworn tech-
nology.
Now we are going to be able to fund education fully-and
to get full value for our investment. For as long as we can
remember, education has graded students. Now we shall grade
education. Both of us will benefit.
Once education has been restructured, it can be financed to
the degree necessary to make real excellence attainable. The
financing of education is covered in points 80 through 91, inclu-
sive, in the Commission Report.
According to the calculations prepared by the Florida Budget
Commission, working with representatives of my staff and the
Education Commission, the amount needed to fund the recom-
mendations I will place before you comes to approximately $400
additional million dollars a year at the state level.
In providing this amount, you will be shifting the major sup-
port for public education from the local county level to the state
level-thus accomplishing the first real tax reductions for Flor-
ida property owners and carrying out another commitment I
made to the people of Florida.

This contrasts with the present support formula under which
the counties contribute approximately 50% of the costs for local
schools.
The legislation I will seek to have introduced provides for a
mandatory county school tax of 7 mills, with a maximum addi-
tional 5 mills at the option of the elected district school board.
No county will ever again impose more than a 12 mill property
tax for schools. And by creating a new board of equalization,
you can guarantee for the first time, that all Florida property
will be assessed on an equal 100% basis-something that is not
a fact today.
Now all Florida property owners will pay lower taxes and

JOURNAL OF THE H(

The funds I am recommending are for new programs to be
undertaken by a new system. In developing these programs and
these new concepts, the Commission for Quality Education re-
viewed existing programs and previously proposed programs.
Some of the things we are going to be able to do in the new
"structure are things that many people would have liked to have
seen undertaken by the old system-but the capability just
wasn't there and it was never going to be there.
Unless you seize this opportunity to create a wholly new
structure, we still won't have this capability and there will be
no worthwhile return to be gained from this kind of massive
additional investment.
In grades k through 12, we shall immediately bring our per
pupil investment up to the national average of $619-based on
the realistic measure of average daily attendance in our schools.
This represents an increase of $65 over our current per pupil
investment-which you also increased last year-and will move
Florida immediately from No. 30 in national per pupil invest-
ment to No. 20. This is an immediate 20% jump on an over-
all 50 state basis.
It will place $90 million additional dollars in the k through
12 programs.
Approximately $100 million dollars will replace local prop-
erty taxes now paid by owners of Florida real estate. In other
words, property owners will be immediately relieved of taxes
to the extent of at least $100 million dollars. Conceivably, the
savings could be even greater.
This includes an immediate phasing in of statewide kinder-
gartens for 20,000 children a year for the next 5 years. That's
20,000 additional school children we never had before. But
there is no doubt that kindergartens are essential. What we
can teach before 6 years of age may well prevent a 16 year
old dropout from occurring.
Up to now, state funds for education were handed out on a
rigid formula basis that restricted their use. Amounts given to
counties were not based either on need or on demonstrated abil-
ity or willingness to use more money for better education.
Whatever the formula provided, that's what you got.
Now it is going to be different-very different.
There are some counties that simply can't absorb this in-
crease in one fell swoop because their spending has not been
geared to it. There are other counties that may now be at the
national average or even over it-but whose needs require still
greater investment and whose systems are equipped to invest it
with a maximum return.
The flexibility in the new structure will allow these funds to
be given to local school systems as they can best be used and in
accordance with program budgets that will detail specific pro-
grams with specific goals.
It is not inconceivable that the full implementation of these
management techniques-which will not only save millions of
dollars but will also upgrade education by carefully calculated
investment rather than just spending-will allow us to reach
the goal of excellence before 1975 and at a cost lower than
we might otherwise anticipate.
Roughly $28 million dollars will be needed for vocational,
technical and adult education.
Approximately $15.8 million dollars will go to the junior
colleges. This will provide $50 more per student which totals
$4.7 million. It also provides $7.4 million dollars to replace
money now raised from local property taxes. And in addition, it
provides an additional $3.7 million more to bring the junior col-
lege's financial funding program to correspond with their cur-
rent enrollment.
Higher education-our state universities will get $10.9 mil-
lion dollars. Of this $6.1 million will be needed to cover the de-
ficit created when the Regents did not adopt the full fee in-
crease I previously recommended. $1.5 million dollars will go
for Regents and teachers loans and scholarship programs as
recommended by the Commission. $1 million will be invested in
science development at Florida State University. $2.3 million
will be used for adding additional academic personnel, for ad-

ditional needed non-academic personnel and research facilities,
to provide funds for planning of degree-granting facilities in
Dade and Duval counties through the extension of our existing
state university facilities and for educational television.

January 29, 1968

The Revenue Commission has reported to me that the needed
funds can be obtained in one of two ways: By closing all sales
tax loopholes except medicine, feed, seed, fertilizer, and movies
(on which there is a separate admissions tax)-and raising the
tax across the board to 4%. Or by excluding all of these items
and groceries and raising the tax to 5%.

)USE OF REPRESENTATIVES 7

All of this money is needed for current expenses-none is
intended for capital outlay purposes.
Up to now, our counties have had to build their own schools
with limited State assistance. Now the State will take over the
obligation of providing school facilities. For this, t is estimated
that we shall need $12 million dollars for vocational and techni-
cal education capital outlay, $116.6 million capital outlay for
junior colleges and State universities, and $72 million for K-12
program.
The Commission has recommended that these capital outlay
needs be taken care of by a $500 million dollar general obli-
gation bond issue. I concur in this recommendation and encour-
age you to adopt the necessary legislation and the constitu-
tional amendments to accomplish this program.
The marketing of these bonds must be based on market con-
ditions and feasibility-but the mechanics must be accom-
plished now. It is anticipated that these bonds would be issued
at the rate of $100 million dollars per year for the next 5
years.
We estimate that an additional $40 million dollars should be
appropriated for debt service on the proposed $500 million dol-
lar capital outlay bond to provide the added funds we must
have for new buildings over the next 5 years.
By using a bond issue, the new residents of Florida, whose
coming here makes this huge investment in building and equip-
mnent necessary, will share the cost of providing them.
You will also be asked to provide $76 million dollars to guar-
antee the current biennial budget. This will apply to all State
agencies and not just to education, although education will re-
ceive approximately 70% of these funds.
Now that is a lot of money. We do not now have it and
there is only one way to get it, through taxes.
No one is more against new taxes for old systems than your
Governor. No one can testify to it better than you. But this
tax legislation can be justified-and I am going to insist that
the citizens of Florida be heard on this matter.
First of all, this legislation must be a product not of spend-
ing, but of restructuring-of basic change in education. There
is no field of service on which we spend more-and we must put
ourselves in position to get a real return on our investment.
Certainly, all education is expensive-but excellent education,
pursued in the framework of a new and responsive educational
structure, is not that much more expensive than the kind of
education we now have.
If you already invest hundreds of millions of tax dollars in
education that pays a poor return, it makes good fiscal sense
to expand your investment if the following conditions are met:
1. It must multiply your return many times over-and this
restructuring of education can do that for us.
2. The new dollars must be tied to the new structure.
3. The added State financing must give relief to local prop-
erty owners.
We can meet those 3 essential conditions, and we have a fur-
ther financial advantage, because we have about 20 million visi-
tors come to Florida each year-and by 1975 the number will
be up to over 25 million-we have a vast number of people who
add significantly to State revenues through the payment of
sales taxes.
As long as local property owners financed education, tour-
ism contributed no direct assistance to educational costs, but,
through tourist payment of sales taxes, we can secure sub-
stantial additional funds for education.
The way to gain these funds, then, is to pay an increased
sales tax. It has the advantage of making education a much
broader-based undertaking in State support. And it allows ap-
proximately $100 million dollars a year reduction in local prop-
erty taxes.

8 JOURNAL OF THE HOUSE

I consider the second method-continuing to exempt medi-
cines and groceries and taxing at 5%-is fairer than charging
sales tax on groceries.
We will also need an additional 50 tax on cigarettes, of this
amount, 30 will go exclusively to the State and 20 will be
shared with the cities-which should help city governments re-
duce their local taxes.
Cigarettes went up 50 a pack in price in 1967 in anticipation
of a 20 tax increase that did not take place-so there should be
no need for any further increase in cigarette prices.
The final recommendation is for a 4% tax on commercial
leases and office rentals.
I now recommend that these revenue measures be enacted by
you at this session as a part of the complete restructuring and
financing package you will adopt.
I tell you now-Do not send me a series of politically mo-
tivated taxing bills. Restructuring and financing must be joined
together in a single, unified package.
According to our statistical research, a family of four with
an income of $12,000 in Florida with these taxes would pay ap-
proximately $165 a year, and remember, in Florida we have no
income tax.
In California, with the same income, the tax bill, with a
State income and unemployment tax, is approximately $615.
In New York City, that same family would be paying ap-
proximately $690 in income, State and local taxes.
So, even with these taxes, we don't end up paying anything
like as much as our friends in California and New York. We
still will not be paying any income taxes or any inheritance
taxes. And we live in Florida-and you can't put a dollar value
on that kind of better life or on our sunshine and beaches. Ask
people from nearly anywhere else-they'll tell you they'd give
anything, pay anything, if only they could live in Florida.
Let me say something else about taxes in general. The
biggest bite out of any family's income comes from Uncle Sam.
The Federal income tax and other Federal taxes have taken
more and more and more, and now they want still another bite.
Now is the time to demand that Florida be allowed to retain
a minimum of 5% of the more than 2 billion dollars Floridians
pay in Federal income taxes. With just this small percentage,
we would have an additional $100 million dollars in state funds
-$100 million dollars Florida taxpayers would be able to save.
I am going to demand that our full congressional delegation
place this before the House and Senate for congressional ac-
ionand since there is no better time to make te thFederal Gov-
ernment listen to its citizens than in an election year, I most
earnestly recommend that you demand the same thing by joint
resolution so that the voice of the Legislature may be added to
that of the Governor.
And o to give this demand even greater force, I recommend
that you have it placed on the May 7th ballot so that Wash-

changes in taxes be tied to public approval of the changes
involved in restructuring our system of education.
Who is going to pay these taxes? The people.
Whose children are going to be educated? The people's.
And whose voice should be heard about this landmark change
in the structure and financing of Florida education?
The people's voice.

I have said that restructuring education and financing it are
indissolubly tied together. To restructure, it will require citi-
zen ratification of the constitutional amendments that will be
involved.
I will therefore recommend to you that the financial legisla-
tion you enact for educational excellence go into effect on March
15, 1968-with the proviso that for it to remain in effect be-

{

I think the third chapter of the Book of Ecclesiastes is ap-
propriate to quote here:
"To everything there is a season and a time, to every pur-
pose under the Heaven a time to keep silence and a time
to speak."

OF REPRESENTATIVES January 29, 1968

yond June 30, 1968, the constitutional amendments needed
for structural change must be ratified by vote of the citizens of
Florida prior to that time.
I will recommend to you that all of these matters be passed
by the necessary three-fourths vote as emergency measures so
that they will be on the May 7th primary ballot for the people's
vote.
I have heard a lot of grumbling about this. Some of it has
been based on legislative reluctance to yield your prerogatives
to a public vote. For nearly everything else, you are right and
I agree with you. But this is not just a legislative session-
and the bills you are going to pass and the changes you are
going to make are not just routine legislation.
What you will do here will change not only the structure of
Florida education-it will change the character of an entire
state. The 8th largest in the nation and destined to grow until
it becomes one of the first 5, Florida will one day-before the
end of this century-be the location of one of America's 3 great
metropolitan urban complexes. What you do here now is going
to affect every one of the people who will live in that Florida.
What valid reason can there be for avoiding a vote of the
people? After all, this is their government-the taxes you levy
are their taxes-it is their children who will be educated.
And in doing this, you will be able to take the same position
here you intend to take when you go home to talk to the peo-
ple who elected you. Isn't it far better to know you will have
the opportunity to explain your vote face-to-face to the people
at home instead of being button-holed in the corridors by lob-
byists and special interest pleaders?
We are involved in costly misadventures at the national and
international level because our federal government no longer
feels much need to consult the people-or the people's repre-
sentatives for that matter. If state government is to fulfill its
historic function, it must be close to the people and responsive
to the people.
To listen to the people's voice on this issue is not to abandon
or be unfaithful to state government. Rather, it is to raise it to
the level which government seems seldom now to achieve or
even to strive for.
I have also been impressed by the fact that educators are so
much against hearing from the public. It is not both irony and
paradox that those who have been responsible for the education
of the voters are the most fearful of their rejection in the
polling place?
I say to these people-and to all doubters: Have faith in the
people. They are not against education-they are for it because
they know their children must have it. They are not against
paying taxes-providing they are fair taxes and providing they
have some assurance as to what is being done with their money
and what they are going to get for it.
The legislation you enact here will provide that assurance
because it will give us a totally new and revitalized system of
education--one with new capability and new responsibility.
Many people-of all political persuasions-have asked me
with great curiosity what my position will be if this matter
goes before the public on May 7th as I hope it will. Here is
my answer:
If you enact the legislation to create real excellence in Flor-
ida education-if you restructure it as the Commission has rec-
ommended-I will be on every street corner, in every town and
in every city in Florida, urging the voters to approve it.
I know you are faced with a difficult task-and I know there
will be immense pressures exerted on you. But six million Flo-
ridians are depending on you to stand firm against all pres-
sures, against all threats; against all ultimatums.
Government by threat is no government at all-and its fail-
ure would soon engulf those who seek temporary advantage
along with everyone else.

JOURNAL OF THE HC

Now there has come to all of us a time to speak and a time
to work together. A time to be measured by our resoluteness of
purpose and our determination to do what must be done for
the six million Floridians of today and the 8 and 10 million of
tomorrow.
And remember, my friends, that in 1927, in 1947 and in 1957,
there were those who never had the vision to conceive of a
Florida with 4, with 5 and with 6 million citizens.
Let us be resolute and let us be determined-and let us do
what must be done to make Florida first in education.
Following the Governor's Address, Governor Kirk, members
of the Cabinet and of the Supreme Court were escorted from
the Chamber.

January 29, 1968

)USE OF REPRESENTATIVES 9

On motion by Senator Mathews, the Joint Session was dis-
solved and the Senators retired to the Senate Chamber.

Reconvened
The House was called to order by the Speaker at 12:08 P.M.
A quorum was present.

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:15 P.M.
to reconvene at 10:00 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

TUESDAY, JANUARY 30, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Honorable Robert C. De Young:
Our Father and our God, we stand humbly before Thee
this morning to ask Thee for Thy divine guidance through
this Special Session of the Legislature. We realize the heavy
responsibility that rests upon our shoulders, the members
of the Senate, and especially the Governor of the State of
Florida. We do ask Thee to be with us in all our delibera-
tions. Lead us and guide us and help us to do the things
which are right and proper and for the best interests of all
concerned. We ask all these things in Thy most precious
Name. Amen

The Journal
The Journal of January 29 was ordered corrected and, as cor-
rected, approved.

Communications

The following communication was read:

January 30, 1968

It is respectfully requested that I be accorded the privilege
of speaking to a joint session of the House and Senate at the
earliest practical date, in order that I may discuss with you
my views and recommendations on the educational problems
facing Florida.
Sincerely,
FLOYD T. CHRISTIAN
State Superintendent of
Public Instruction

Announcement of Committees
The Speaker announced the reactivation of the standing
committees with the members appointed for the Regular Ses-
sion of 1967 with these additions for this Special Session:
Rules & Calendar: James Lorenzo Walker, Richard A. Petti-
grew, Ken Smith.
Public School Education: Carey Matthews, Fred Schultz.
Judiciary A: Harold G. Featherstone, Elvin L. Martinez,
Miley Miers.
Ad Valorem Taxation: Talbot D'Alemberte, Vice Chairman;
William H. Bevis, Tommy Stevens.

INTRODUCTION AND REFERENCE

By Representatives Randell and Rust-
HB 4-X(68)-A bill to be entitled An act relating to con-
servation, fishermen and equipment regulation in a prescribed
area adjacent to the Gulf of Mexico shore line of the state;
making it unlawful to take certain sardine like fish with a
purse seine, purse gill net, lampara net or similar net or de-
vice for any purpose; providing for a penalty; providing an
effective date.
HB 4-X(68) was placed temporarily in the Committee on
Rules & Calendar.

By Representatives Grange, Bevis, Briggs, Brower, Conway,
Crabtree, Craig, Davis, De Young, Ducker, Eddy, Fleece, Gallen,
Gibson, Gorman, Gustafson, Humphrey, James, Kennelly, King,
Mattox, McKinley, Nergard, Osborne, Papy, Pfeiffer, Poor-
baugh, Powell, Pratt, Reed, Robinson, Rust, Shadley, Stafford,
Stallings, Stevens, Wells and Whitson-
HB 5-X(68)-A bill to be entitled An act relating to in-
structional personnel of public schools; providing for the or-
ganization of an auxiliary teaching force on a state-wide basis
for employment by county boards of public instruction in
emergencies; defining and providing for declaration of emer-
gencies by the State Board of Education; providing for the
employment and fixing of compensation of teachers by county
boards of public instruction in emergencies; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Davis, Pfeiffer and Powell-
HB 6-X(68)-A bill to be entitled An act relating to public
education; amending chapter 229, Florida Statutes, by adding
section 229.80 authorizing the state department of education
to conduct continuing studies for the development of inte-

grated systems of school buildings and subjecting county
boards of public instruction to rules and regulations of the de-
partment pertaining to the planning, construction and equip-
ping of school plant; providing an effective date.
---was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Walker and Rust-
HB 7-X(68)--A bill to be entitled An act relating to con-
servation; amending section 370.08(3), Florida Statutes, pro-
hibiting the taking of food fish with certain nets to include
additional nets in said prohibition and to prohibit such taking
within or without the waters of the state; providing an effec-
tive date.
HB 7-X(68) was placed temporarily in the Committee on
Rules & Calendar.

By Representative Stallings-
HJR 8-X(68)-A joint resolution proposing the amendment
of Section 2 of Article IX, of the Constitution of the State of
Florida, relating to taxation and finance.
HJR 8-X(68) was placed temporarily in the Committee on
Rules & Calendar.

By Representative Yarborough-
HJR 9-X(68)-A joint resolution amending Section 9(1) of
Article V of the Constitution of the State of Florida, relating
to the establishment of Criminal Courts of Record and the
judges thereof; providing for additional judges of said courts
in certain counties; determining that an emergency exists; pro-
viding for a special election.
HJR 9-X(68) was placed temporarily in the Committee on
Rules & Calendar.

By Representatives Tucker and Rust-
HB 10-X(68)-A bill to be entitled An act relating to the
unauthorized presence upon the campus of a state university
or junior college of any person committing an act likely to
interfere with the peaceful conduct of the activities of such
campus; making it a misdemeanor for such person to fail to
leave such campus after being properly directed to do so and
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary A.

By Representative Schultz-
HB 11-X(68)-A bill to be entitled An act making an ap-
propriation to defray necessary expenses in connection with
the 1968 National Legislative Conference.
HB 11-X(68) was placed temporarily in the Committee on
Rules & Calendar.

By Representative Middlemas-
HIB 12-X(68)-A bill to be entitled An act relating to the
city of Parker, Bay County; amending section 14 of the city
charter, Chapter 67-1887, Laws of Florida, by correcting the
date for the first election of officers; adding section 15 to said
chapter, confirming the election of officers.
Evidence of notice and publication was
established by the House as to HB 12-X(68).
HB 12-X(68) was placed temporarily in the Committee on
Rules & Calendar.

Recess
On motion by Mr. Rowell, the House recessed at 10:14 A.M.
to reconvene at 11:00 A.M. today.

Reconvened
The House was called to order by the Speaker at 11:00 A.M.

HOUSE OF REPRESENTATIVES 11

A quorum was present.
On motion by Mr. Rowell, the rules were waived and the
House reverted to the Order of-

INTRODUCTION AND REFERENCE

By Representative Mann (by request)-
HB 13-X(68)-A bill to be entitled An act relating to con-
tinuing education; authorizing the board of regents to develop
and provide the same; repealing section 240.043, Florida Sta-
tutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Higher Education.

By Representative Mann (by request)-
HB 14-X (68)-A bill to be entitled An act relating to schol-
arships; amending 239.451, Florida Statutes, 1967, providing
for Florida regents scholarships; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

By Representative Mann (by request)-
HB 15-X(68)-A bill to be entitled An act relating to school
district additional capital outlay; providing for state appro-
priation; defining additional pupils in average daily member-
ship; providing for disbursement of money; providing for ex-
penditure of money pursuant to law or regulations of the
Florida Public School Board; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Mann (by request)-
HJR 16-X(68)-A Joint Resolution proposing amendments
to Article XII of the state constitution, replacing sections 1
through 17 and providing for the establishment and operation
of the public education system in the state, including a twelve
mill limitation on taxes levied by district school boards; pro-
posing an amendment to section 6 of Article IX of the state
constitution to authorize the issuance of school district bonds,
without an election, in amounts up to five percent of the non-
exempt property value in the district; proposing an amend-
ment to section 7 of Article XVI of the state constitution to
authorize terms of office in excess of four years when pro-
vided by the constitution; proposing an amendment to section
20 of Article IV of the state constitution to remove the super-
intendent of public instruction from the cabinet; proposing to
repeal section 25 of Article IV relating to the duties of the
state superintendent of public instruction; proposing an amend-
ment to section 6 of Article VIII of the state constitution to
remove the county superintendent of public instruction from
the list of elected county officers; proposing to repeal section
6A of Article VIII of the state constitution relating to ap-
pointive county superintendents of public instruction; propos-
ing amendments to Article XVIII of the state constitution,
adding sections 15 and 16 to provide that the state superin-
tendent of public instruction and the county superintendents
of public instruction in office on the effective date of this
amendment shall become the state superintendent of public
instruction and district superintendents respectively.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Finance & Taxation.

provisions relating to the minimum foundation program; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education, Appropriations and Fi-
nance & Taxation.

By Representative Mann (by request)-
HB 18-X(68)-A bill to be entitled An act relating to school
finance and taxation; providing for the levy of additional mil-
lage not to exceed, together with the fixed millage, twelve (12)
mills; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Finance & Taxation.

By Representative Mann (by request)-
HB 19-X(68)-A bill to be entitled An act relating to public
education; amending Section 231.36, Florida Statutes, relating
to contracts with instructional staff, deleting reference to local
tenure laws, substituting school district for county, district
school board for county board, district school superintendent
for county superintendent, and Florida public school board for
state board of education; requiring district school boards to
make periodic evaluation of each member of the instructional
staff who holds a continuing contract; authorizing district
school boards to request the Professional Practices Commis-
sion to review the record of instructional staff whose qualifi-
cations or performance are questionable; authorizing district
school boards to issue continuing contracts to members of the
instructional staff after one (1) year of employment in the
district if the individual has previously held a continuing con-
tract in a county of the state or in a public school system of
another state; authorizing the district school board to reassign
a member of the instructional staff to any instructional position
within the district for which he is qualified by education and
experience; requiring, upon request of the employee, a review
of his case by the Professional Practices Commission in the
case of a recommendation to the district school board con-
cerning his contract status or reassignment; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (by request)-
HB 20-X(68)-A bill to be entitled An act relating to pub-
lic education; providing the organizational framework for a
state system of public education; creating and providing for
the composition, organization, powers and staffing of the Flor-
ida education commission, the Florida public school board, the
Florida junior college board, and the Florida vocational-tech-
nical and adult education board; providing for operational
junior college boards of trustees and an organization in which
public schools are under district school boards; repealing sec-
tions 228.03, 2284, 228.041, 228.13, 228.14, 229.012, 229.021-
229.061, 230.01-230.05, 230.061, 230.08, 229.511, 230.10-230.12,
230.15-230.19, 230.201, 229.521, 230.21, 230.24-230.33, 230.34-
230.43, 230.0119, 230.0100-230.0104, and 230.0109, Florida Stat-
utes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

Adjournment
On motion by Mr. Rowell, the House adjourned at 11:18
A.M. to reconvene at 2:30 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:30 P.M.
The following Members were recorded present:

CONTINUATION OF INTRODUCTION AND REFERENCE
By Representative Mann (By request)-
HJR 21-X(68)-A joint resolution proposing an amendment
to Article IX of the Florida Constitution to provide for the is-
suance of bonds of the State of Florida and determining the
terms and conditions under which such state bonds may be
issued and the security therefore.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representative Mann (By request)-
HB 22-X(68)-A bill to be entitled An act relating to the
state merit system; amending section 110.051(2)(e), Florida
Statutes, to add members of the professional staffs of the
State Department of Education, the Florida Education Commis-
sion, the Florida Public School Board, the Florida Junior Col-
lege Board, the Florida Board of Regents, and the Florida
Board for Vocational-Technical and Adult Education to the
list of exempt positions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 23-X(68)-A bill to be entitled An act relating to dis-
trict school funds; providing for such funds and investments
of idle funds; defining district current operating fund and
capital outlay fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 24-X(68)-A bill to be entitled An act relating to ad
valorem taxation; creating the state board of equalization;
defining its powers and duties with respect to property taxa-
tion and transferring to it the property tax duties and respon-
sibilities of the railroad assessment board, the state comptrol-
ler and the state budget commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Ad Valorem Taxation.

By Representative Mann (By request)-
HB 25-X(68)---A bill to be entitled An act relating to is-
suance of bonds by district school boards; amending 236.43
(1), Florida Statutes, to provide for issuance by resolution of
board; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary A and Finance & Taxation.

12

JOURNAL OF THE H(

By Representative Mann (By request)-
HB 26-X(68)-A bill to be entitled An act relating to school
finance; amending chapter 236, Florida Statutes, by adding a
section to provide for state payment of debt service on ad
valorem pledged bonds outstanding on July 1, 1968; creating
a state school debt retirement fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representative Mann (By request)-
HB 27-X(68)-A bill to be entitled An act relating to school
finance and taxation; providing for the issuance of ad valorem
pledged bonds pursuant to Section 6 of Article IX of the State
Constitution; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary A.

By Representative Mann (By request)-
HB 28-X(68)-A bill to be entitled An act relating to prop-
erty tax assessments; amending chapter 192, Florida Statutes,
by adding sections 192.311 through 192.316; requiring the
comptroller to conduct a continuous study of assessment
ratios for the purpose of bringing the average level of assess-
ment in each county to one hundred per cent (100%) of full
market value; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Ad Valorem Taxation and Appropriations.

By Representative Mann (By request)-
HB 29-X(68)-A bill to be entitled An act relating to coun-
ty depositories; amending section 136.02(1), Florida Statutes;
removing the requirement that funds of the several district
school boards be deposited on a pro rata basis in each of
the qualified depositories; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 30-X(68)--A bill to be entitled An act relating to school
finance; prescribing the procedures by which the Florida Pub-
lic School Board shall compute the uniform minimum millage
to be imposed by each school district, the additional millage
to be required in some school districts as a result of under-
assessment of property, and the amount of state funds to be
withheld from a school district in the event twelve (12) mills
is not sufficient to raise the amount of revenue that the uniform
minimum village would have produced if applied to full
value assessments; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 31-X(68)-A bill to be entitled An act relating to self-
insurance by district school boards against hazards to school
property; requiring plan to be approved by Florida Education
Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)--
HB 32-X(68)--A bill to be entitled An act relating to state
funding of school district transportation programs; creating
a school district transportation fund; providing for annual ap-
propriations; providing for disbursements to district boards;
providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

Whereas, the government of North Korea committed an act
of war against the United States without provocation, and
Whereas, the North Koreans now hold 83 American service-
men unlawfully, and
Whereas, North Korea now holds a United States ship of

3USE OF REPRESENTATIVES 13

Florida Statutes, to provide for additional scholarship loans and
disbursement thereof; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Mann (By request)-
HB 34-X(68)-A bill to be entitled An act relating to
school system personnel; amending chapter 231, Florida Stat-
utes, by adding section 231.60, creating the Professional
Standards Commission; providing for the membership, powers
and duties of the commission; repealing section 231.10, Florida
Statutes, creating the teacher's advisory council; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 35-X(68)-A bill to be entitled An act relating to rev-
enue bonds for school construction; amending section 236.612
(1), Florida Statutes, to prohibit any further issuance of
bonds under provisions of that section; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann (By request)-
HB 36-X(68)-A bill to be entitled An act relating to ad
valorem taxation; creating the state board of equalization and
transferring to it the powers and duties of the state comp-
troller, the state budget commission and the railroad assess-
ment board; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Ad Valorem Taxation and Appropriations.

By Representatives Reed, Eddy, De Young, Humphrey, James,
Grizzle, Brower, Osborne, and Ducker-
HB 37-X(68)-A bill to be entitled An act relating to school
system personnel; amending chapter 231, Florida Statutes, by
adding section 231.60, creating the Professional Standards
Board; providing for the membership, powers, and duties of
the board; repealing section 231.10, Florida Statutes, creating
the teacher advisory council; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Eddy, Papy, Reed, Kennelly, King,
Grange, De Young, and James-
HB 38-X(68)-A bill to be entitled An act relating to the
taxation of cigarettes; amending sections 210.02(3), (4), and
(5) and 210.20 (2) (a), Florida Statutes, to increase the cig-
arette tax that is shared with municipalities and counties hav-
ing no municipality by two cents (20) per package; adding
section 210.025, Florida Statutes, imposing an additional state
tax of three cents (3) per package; providing an appropria-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Pratt--
HR 39-X(68)-A resolution expressing the support of the
Florida House of Representatives to the President of the
United States in the Pueblo incident.

Whereas, the United States of America is a sovereign nation
engaged in the defense of world-wide liberty, and

the line, the U. S. S. Pueblo, the property of the United States
government, unlawfully, and
Whereas, it is imperative that the national integrity and
honor be maintained, and

Whereas, the Florida Legislature feels that whatever force
be necessary the men and property of the Uniedte States should
be immediately freed, and
Whereas, the President of the United States needs the sup-
port of all 'loyal Americans in this crisis, Now, Therefore,

Be It Resolved by the House of Representatives of the State
of Florida:
That it is the sense of the Florida House of Representatives
that the President of the United States should issue the fol-
lowing ultimatum to the communist government of North Ko-
rea: Return the military men and property of the United States
government taken illegally by your overt act of war within
24 hours or this government will take immediate appropriate
action to secure their return without regard to any restraining
parallels.
Be It Further Resolved that the Clerk of the House shall
transmit a copy of this resolution to the President of the
United States, under the Seal of the House.
Introduction of the resolution was agreed to by the required
Constitutional two-thirds vote of all Members elected to the
House of Representatives.

HR 39-X(68) was read the first time by title.

On motions by Mr. Pratt, the resolution was read the sec-
ond time in full and adopted.
Mr. Land moved that the House now reconsider the vote by
which the resolution was adopted, which was not agreed to.
The vote was:

Representatives Myers and Rust were recorded as voting
Nay and Representative Elmore was recorded as voting Yea.

January 30, 1968

MESSAGE FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

January 30, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-

By Senators Mathews, Pope, Boyd and Askew-
SCR 26-X(68)-A concurrent resolution inviting Honorable
Floyd T. Christian, Superintendent, Department of Education,
State of Florida, to address a joint session of the Florida Leg-
islature concerning the educational problems facing the state.
WHEREAS, the Legislature of the State of Florida is pres-
ently faced with grave problems concerning public education,
and
WHEREAS, Honorable Floyd T. Christian, Superintendent,
Department of Education, has expressed a desire to address
the Legislature on this monumental problem in joint session,
and
WHEREAS, in order that the membership of the Senate
and the House of Representatives may have the benefit of the
views of this eminent educator and public official, NOW,
THEREFORE,
Be It Resolved by the Senate of the State of Florida, the
House of Representatives Concurring:
That Honorable Floyd T. Christian be invited to address a
joint session of the Legislature of Florida on January 31,
1968, at 11:00 o'clock a. m.
BE IT FURTHER RESOLVED that the Speaker of the House
of Representatives and the President of the Senate transmit a
joint letter extending such invitation to Mr. Christian.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 26-X(68), contained in the above message, was read the
first time in full.
On motion by Mr. Rowell, the rules were waived and SCR
26-X(68) was read the second time by title.
Representative Osborne offered the following amendment:
On line 21, after "Floyd T. Christian" add the following:
and Max Rafferty.
Mr. Reed moved the adoption of the amendment which failed
of adoption.
On motion by Mr. Rowell, SCR 26-X(68) was adopted and
ordered immediately certified to the Senate.

ENROLLING REPORTS
Your Enrolling Clerk to whom was referred-
HCR 2-X(68)
-reports same has been properly enrolled, signed by the
required Constitutional officers and presented to the Governor
on January 30, 1968.
Allen Morris, Clerk

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:00 P.M.
to reconvene at 10:00 A.M. tomorrow.

14

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

WEDNESDAY, JANUARY 31, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Poem recited and Prayer given by the Honorable Robert
C. De Young:
The Bridge Builder
An old man, going a lone highway,
Came at the evening, cold and gray,
To a chasm, vast and deep and wide,
Through which was flowing a sullen tide.
The old man crossed in the twilight dim--
That sullen stream had no fears for him;
But he turned, when he reached the other side,
And built a bridge to span the tide.
"Old man," said a fellow pilgrim near,
"You are wasting strength in building here.
Your journey will end with the ending day;
You never again must pass this way.
You have crossed the chasm, deep and wide,
Why build you the bridge at the eventide?"
The builder lifted his old gray head.
"Good friend, in the path I have come," he said,
"There followeth after me today
A youth whose feet must pass this way.
This chasm that has been naught to me
To that fair-haired youth may a pitfall be.
He, too, must cross in the twilight dim;
Good friend, I am building the bridge for him."
Our Father in Heaven, help us to be mindful of the fact,
that as we labor together to forget our selfish interest
and realize we are building bridges for others. Amen.

The Journal
The Journal of January 30 was ordered corrected and ap-
proved as follows: On page 13, column 1, strike line 29 from
top and insert the following: "removing the requirement that
funds of the several district school boards be", and on line 30
from top, after "on" insert "a".

Announcement
The Speaker announced the appointment of Representative
T. Terrell Sessums as an additional member of the Committee
on Finance & Taxation for this Special Session.

Co-introducers
Representatives Walker and Papy were given permission to
be recorded as co-introducers of HB 4-X(68).
Representative Harris was given permission to be recorded
as a co-introducer of HB 6-X(68).
Representative Randell was given permission to be recorded
as a co-introducer of HB 7-X(68).

INTRODUCTION AND REFERENCE
By Representative Williams-
HB 40-X(68)-A bill to be entitled An act relating to con-
servation, use of nets; amending section 370.08(3), Florida
Statutes, extending an exception to the taking of nonfood
fish when a certain percentage of food fish is included in the
taking; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Gustafson, King, Brower, Shadley, Ner-
gard, Lindsey, Gorman, Gibson, J. Fortune, and Bird-
HB 41-X(68)-A bill to be entitled An act relating to schol-
arships; amending section 239.451, Florida Statutes, 1967, pro-
viding for Florida regents scholarships; amending sections
239.38 and 239.42, Florida Statutes, to provide for additional
teaching scholarship loans and disbursement thereof; provid-
ing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Pratt-
HB 42-X(68)-A bill to be entitled An act increasing the
tax on sales, use and certain transactions from 3% to 4%;
amending chapter 212, Florida Statutes, to reflect such in-
crease; imposing the tax on the rental of office space and com-
mercial properties; imposing a 3% tax on sales involving stock
transfers; distribution of proceeds and an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education, Finance & Taxation and
Appropriations.

16 JOURNAL OF THE HOUSE

By Representatives Dubbin, Eddy, Matthews, Mattox, Wolf-
son, Savage, Conway, and Graham-
HB 43-X(68)-A bill to be entitled An act relating to the
police standards council as created by house bill no. 398, chap-
ter 67-230, laws of Florida; providing for educational and
training implementation; providing an additional appropria-
tion therefore.
-was read the first time by title and referred to the Com-
mittees on Judiciary A and Appropriations.
By Representatives Middlemas and Elmore-
HB 44-X(68)-A bill to be entitled An act relating to char-
ity racing days; amending section 550.03(3), Florida Statutes,
by providing an extra charity racing day at any track or
fronton in Washington County; providing for the disposition
of proceeds; providing an effective date.
-was read the first time by title and referred to the Com-
Imittees on Public School Education and Appropriations.
By Representatives Graham, Featherstone, Myers, Gautier,
Matthews, Baker, Sackett, Singleton, Harris, and Holloway-
HB 45-X(68)-A bill to be entitled An act relating to insti-
tutions of higher learning; providing for the establishment of
a degree granting institution in Dade County; making an ap-
propriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.
By Representatives Yarborough and Wolfson-
HB 46-X(68)-A bill to be entitled An act relating to Crim-
inal Courts of Record in counties of the State of Florida hav-
ing a population of more than five hundred thousand (500,-
000), according to the latest official decennial census; provid-
ing for additional judicial offices; providing for the appoint-
ment, compensation and election of additional judges; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.
By Representatives Gustafson, King, Prominski, Bird, and
Eddy-
HB 47-X(68)-A bill to be entitled An act relating to Brow-
ard county, amending chapter 67-1165, laws of Florida, special
acts of 1967, creating the Broward County Commission on Al-
coholism; amending section 10 thereof relating to appropria-
tion of funds by the board of county commissioners of Brow-
ard county; authorizing and directing the board of county
commissioners of Broward county to include in its annual
budget a sum not to exceed twenty thousand dollars ($20,-
000) for the purpose of a contribution or grant to the Brow-
ard County Commission on Alcoholism; declaring the budget-
ing and expenditure of such funds a county purpose in and
for Broward county, Florida; and providing for an effective
date.
Evidence of notice and publication was
established by the House as to HB 47-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Stevens-
HB 48-X(68)-A bill to be entitled An act relating to court
reporters, compensation, in all judicial circuits in Florida hav-
ing a population of not less than four hundred five thousand
(405,000) and not more than four hundred eighty thousand
(480,000), according to the latest official decennial census;
providing for supplementary compensation of the duly com-
missioned official court reporter residing in the less popu-
lated county of such judicial circuits and maintaining an office
in the courthouse of said county; repealing chapter 67-1011,
Laws of Florida; providing an effective date.

C

-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Stevens-
HB 49-X(68)-A bill to be entitled An act relating to county
superintendent of public instruction, salary, in all counties of

)F REPRESENTATIVES January 31, 1968

the state having a population of not less than thirty-six
thousand seven hundred (36,700) and not more than thirty-eight
thousand (38,000), according to the latest official decennial cen-
sus; setting the salary of the superintendent of public instruc-
tion at fifteen thousand two hundred twenty-five dollars
($15,225.00); repealing all conflicting laws; ratifying and con-
firming prior payments of annual salary; repealing Chapter
67-1048, Laws of Florida; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Nichols, Scarborough, Brantley, Grange,
Kennelly, Arnold, Crider, Blalock, Alvarez, and Gillespie-
HB 50-X(68)-A bill to be entitled An act relating to mu-
nicipalities having a population in excess of 100,000 and lo-
cated in counties having a population of not less than 400,000
nor more than 900,000; directing payment of a $10,000 death
benefit to the widow of a police officer killed in the line of
duty; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Brower, Eddy, King, Gustafson, Marti-
nez, J. M., Whitson, Shadley, Lindsey, Gorman, Gibson, For-
tune, J., Ducker, Grizzle, Reed, Osborne, Fleece, Murphy, Robin-
son, Bird, James, Crabtree, Rust, De Young, Stafford, Grange,
Tillman, McKinley, Mattox, Papy, Prominski, Powell, Pfeiffer,
and Craig-
HB 51-X(68)-A bill to be entitled An act relating to per-
sonnel of the school system; amending subsections 231.36(1)
and (2), Florida Statutes; increasing the period of ineligibility
for persons who violate contracts with the county school
board; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Grange-
HB 54-X(68)-A bill to be entitled An act relating to teach-
ing personnel of public schools; providing for the submission
of resignations and the effect thereof; providing an effective
date.

-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Walker-
HB 55-X(68)-A bill to be entitled An act relating to

JOURNAL OF THE HO

Bonita Springs, Lee county, fire and rescue district; amending
section 1 of chapter 65-1828, Laws of Florida; reestablishing
the boundaries of said district; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 55-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

Recess
On motion by Mr. Rowell, the House recessed at 10:10 A.M.
to reconvene at 10:50 A.M., today.

Reconvened
The House was called to order by the Speaker at 10:50 A.M.
A quorum was present.

JOINT MEETING
Pursuant to the provisions of SCR 26-X(68), the Members
of the Senate, escorted by the Sergeant-at-Arms of the Senate
and the Sergeant-at-Arms of the House, appeared at the door
of the House and were seated in the Chamber. The President
and President pro tempore of the, Senate joined the Speaker at
the rostrum.
The Joint Meeting was called to order by the Speaker at
11:00 A.M.
A quorum of the Senate and the House of Representatives
was declared present.
The Speaker asked the President to preside over the Joint
Meeting.

THE PRESIDENT OF THE SENATE IN THE CHAIR

Arrival of Members of the Cabinet
The Honorable Tom Adams, Secretary of State, The Hon-
orable Earl Faircloth, Attorney General, and The Honorable
Doyle Conner, Commissioner of Agriculture, were escorted into
the Chamber by the Sergeant-at-Arms of the House and seated
at the rostrum.

Prayer
Prayer by Senator John R. Broxson:
Almighty God, our heavenly Father, together we give
thanks to You for the multitude of blessings which each
of us has received from Your bountiful hand. We be-
seech You to give divine direction and guidance to the
President of the United States and the assembled Congress
and also to all our national leaders and decision makers
in these times of worldwide turmoil and crisis. Give to us
here in Florida, who have been entrusted by the people
and Your sovereign will with the reins of government, a
special sense of Your divine leadership today and through-
out these deliberations. In this historic moment for our
great state, help us, 0 God, to toil in unity for edifica-
tion of our children and our children's children forgetting
all we can of the pettiness which can assert itself in poli-
tics. In Christ's name, Amen.

Committee

On motion by Senator Mathews, the President appointed
Senators Mathews, Boyd and Askew and Representatives Mat-
thews, Schultz and Rowell as a joint committee to notify
The Honorable Floyd T. Christian, State Superintendent of
Public Instruction, that the Legislature has assembled to re-
ceive his message.

January 31, 1968

schools only if you will allow him to change the or-
ganizational structure of Florida's school system, and
more specifically, of course, only if you will allow him
to appoint the man who will serve as State Superinten-
dent of Public Instruction, or under his proposal, the
Commissioner of Education.
There is no relationship between the two issues. And
he has shown none.

HOUSE OF REPRESENTATIVES 17

The committee retired and presently returned escorting Mr.
Christian to the rostrum.
The President then presented Mr. Christian, who addressed
the Joint Meeting as follows:

Address by Superintendent Christian
I requested this unprecedented opportunity to speak to
you this morning because I am deeply concerned about
the crisis which exists in education in Florida today and
because we face an even greater crisis unless immediate
action can be taken.
I view the future very gravely, and I sympathize with
the members of this Legislature because of the tremen-
dous task that you have before you.
Unless partisan politics is put aside, unless this Legis-
lature is free to conduct its deliberations unrestricted by
threat or veto, unless this Legislature is free to make
its decisions on the basis of "what is best for our chil-
dren," rather than "what can pass" or "what will the
Governor not veto," I tell you, frankly, that I fear for
the future of the free public schools in Florida.
The situation is that serious.
But there is really only one major problem facing this
Legislature. That problem is to find the necessary funds,
through taxes, to provide for the youth and adults of our
state the, kind of education to which they are entitled and
to which we all aspire.
There should be no disagreement on this.
Every study which has been conducted-the findings of
the Legislative Select Committee on Education, the find-
ings of the Governor's Commission for Quality Education,
and on Monday, the Governor himself-all declare clearly
and without argument that the state must provide addi-
tional funds for education and additional funds for
property tax relief and that these funds must be pro-
vided now.
Let me emphasize that word "now," because if we are to
keep our schools open this spring-even more important,
if we are to open our schools next September and main-
tain the quality school program to which we have dedi-
cated ourselves-the financing decisions must be made
now.
These decisions cannot wait until May or June or some
undetermined date in the future, and they cannot hinge
on the obvious unfairness of forcing citizens to vote for
something to which they may be opposed in order to get
something which they may favor.
As a simple practical matter: county superintendents
and school boards must know, and know soon, the amount
of money they are expected to provide from local funds,
and the amount they will receive from the state, in order
for them to practice sound management principles and
make their budgets for the coming year.
The operation of our schools cannot be put on an "if-
but" basis.
The Governor, in his address to this body on Monday,
introduced a new ingredient into the deliberations on the
need for more money for education. This new ingredient
was neither recommended by his own Commission for
Quality Education, nor by any other similar body. It is,
in fact, unheard of in Florida history.
I refer, of course, to the Governor's demand that he
will approve measures to meet the financial needs of our

JOURNAL OF THE HOUSE OF REPRESENTATIVES

It is quite apparent that the Governor has tempered
the great urgency he expressed for the needs of education
with his great desire for personal political power. He in-
sists that his program be submitted to the people of the
State of Florida on what he calls a "referendum." I sub-
mit to you that to require the people to approve a con-
stitutional amendment that has no connection with the
problem of financing the schools as proposed by the Gov-
ernor, is unfair, undemocratic, and, I believe, unconstitu-
tional.
In reality, he is saying to the people of Florida that if
you want your child to have the kind of education that
your child is justly entitled to-then you must give him
the privilege of making appointments so that he might
strengthen his political hand and his political powers.
He is saying to you that if you want to remove the
cloak of ignorance from your child, then you must de-
part from the democratic process of choosing the person
to represent you in providing educational leadership in
Florida and allow him to make that choice.
The question as to whether the State Superintendent
should be appointed or elected is a fair question for de-
bate. It has been the subject of discussion in education
and lay circles for many years. The fifty states of our
nation use both methods and no two states are structured
exactly alike.
I have served, on the county level, under both systems,
as an elected county superintendent and as an appointed
superintendent. I can recognize the benefits of both meth-
ods. As a matter of fact, I had the unique distinction
of serving as the first appointed county superintendent in
Florida, and appointed by a Republican school board.
I have served as Florida's chief state school officer for
more than two years. I must note that even at this level,
I have served as both an appointed and an elected super-
intendent.
I have had the opportunity, working during the admin-
istrations of two governors, to see the value of being an
elected official and serving as a member of the Florida
Cabinet. I believe that serving as a member of the Cabi-
net, placing the needs of education in the mainstream of
state government, is of great benefit and of utmost im-
portance to education.
I feel that the record shows that the present system
has served Florida well, and that it should be continued.
However, it is obvious that the Governor is more in-
terested in the power that accrues to the office than in the
solution to this educational crisis.
He has insisted that unless you vote for a constitutional
amendment providing for the appointment of the state
superintendent, he will not approve the additional funds
which are desperately needed in education.
I was educated in the public schools in Florida.
I graduated from the University of Florida.
I have spent close to thirty years-all of my adult life
-in the field of education, working for boys and girls.
I feel that I am qualified to perform the duties and
responsibilities to administer a good and fine educational
system. I am opposed to an appointive state superinten-
dent of public instruction, but I would be a traitor to the
great system of education that I have espoused if I al-
lowed my personal feelings to stand in the way of a bet-
ter educational system in our state.
I do not think that any one individual should cause the
Legislature to postpone action on such an obvious and
pressing need as funds for education in order to impose
his own personal view on others.
And I am not going to do so.

The Governor has said: "I want a referendum."
I say: "Governor, I accept your challenge!"

I recommend to this Legislature that you submit the
question to the people of the State of Florida as to

January 31, 1968

whether the State Superintendent of Public Instruction
shall be elected or whether he shall be appointed.
And when you submit this constitutional amendment to
to the people, submit it as it should be submitted.
Submit it on the basis that the question involved shall
stand upon its own merits, so the people of the state can
make their decision upon this question and this question
alone-and not be blackmailed into voting for a change
they oppose in order to obtain the kind of education they
favor.
In closing, let me say that I realize that there are some
of my friends in this body who will not want to vote
favorably upon this amendment because they feel so
strongly that the people should have the right to elect
their state superintendent, but there have been members
of the minority party who have accused me of wanting to
save my political hide, and I urge you to place this amend-
ment on the ballot. I am willing to let the people decide.
Hopefully, having eliminated this controversial politi-
cal issue-which seems to have created the impasse be-
tween the Chief Executive and the Legislature-there is
no reason now for the Legislature not to be able to finish
the business of providing for the financial needs of our
schools and for the Governor to lend his full support to
your efforts.
I am grateful for this opportunity to address you.
Thank you.
Upon completion of his address, Mr. Christian, followed
by other members of the Cabinet, was escorted from the Cham-
ber.
On motion by Senator Mathews, the Joint Meeting was
dissolved and the Senators retired to the Senate Chamber.

Reconvened
The House was called to order by the Speaker at 11:22 A.M.
A quorum was present.
On motion by Mr. Rowell, the foregoing address by Super-
intendent Christian was ordered spread upon the Journal.

Adjournment
On motion by Mr. Rowell, the House adjourned at 11:28
A.M. to reconvene at 2:00 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:00 P.M.
The following Members were recorded present:

Excused: Representatives Firestone, Hodes, Sackett, Rust,
and Whitson.
Mr. Pettigrew reported that Mr. Firestone underwent sur-
gery this morning for an emergency appendectomy and his
condition is good.
A quorum was present.

CONTINUATION OF INTRODUCTION AND REFERENCE

By Representatives Reed and Wolfson-
HB 56-X(68)-A bill to be entitled An act relating to ad
valorem taxation; creating the state board of equalization;
defining its powers and duties with respect to property taxa-
tion, and transferring to it the property tax duties and re-
sponsibilities of the railroad assessment board, the state comp-
troller and the state budget commission; requiring it to con-
duct a continuous study of assessment ratios for the purpose
of bringing the average level of assessment in each county
to one hundred per cent (100%) of full market value within
specified tolerances; making an appropriation for salaries and
expenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Ad Valorem Taxation and Appropriations.

By Representative Reed-
HB 57-X(68)--A bill to be entitled An act relating to dis-
trict school funds; providing for such funds and investments
of idle funds; defining district current operating fund and
capital outlay fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Reed-
HJR 58-X(68)-A joint resolution proposing an amend-
ment to Article IX of the State Constitution to provide for
the issuance of bonds of thte Stateof Florida and determining
the terms and conditions under which such state bonds may
be issued and the security therefore.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representative Reed-
HJR 59-X(68)-A Joint Resolution proposing amendments
to Article XII of the state constitution; providing for the
establishment and operation of the public education system in
the state, including a twelve mill limitation on taxes levied
by district school boards; proposing an amendment to Section
6 of Article IX of the state constitution to prohibit the issu-
ance of county or district bonds for public school purposes;
proposing an amendment to section 7 of Article XVI of the
state constitution to authorize terms of office in excess of
four years when provided by the constitution; proposing an
amendment to section 20 of Article IV of the state constitu-
tion to remove the superintendent of public instruction from
the ade dminisrativeofficers provided for therein; proposing to
repeal section 25 of Article IV relating to the duties of the
state superintendent of public instruction; proposing an
amendment to section 6 of Article VIII of the state constitu-
tion to remove the county superintendent of public instruction
from the list of elected county officers; proposing to repeal
section 6A of Article VIII of the state constitution relating to
appointive county superintendents of public instruction.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Finance & Taxation.

By Representative Reed-
HB 60-X(68)--A bill to be entitled An act relating to pub-

lic education; providing the organizational framework for a
state system of public education; creating and providing for
the composition, organization, powers and staffing of the Flor-
ida education commission, the Florida public school board,
the Florida junior college board, the Florida vocational-tech-
nical and adult education board; providing for operational
junior college boards of trustees and an organization in
which public schools are under district school boards; repeal-
ing sections 228.03, 228.04, 228.041, 228.13, 228.14, 229.012, 229.-
021-229.061, 229.511, 229.521, 230.01-230.05, 230.061, 230.08,
230.10-230.12, 230.15-230.19, 230.201, 230.21, 230.24-230.33, 230.-
34-230.43, 230.0100-230.0104, 230.0109 and 230.0119, Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Reed-
HB 61-X(68)-A bill to be entitled An act creating and es-
tablishing a State Board of Finance for the purpose of the
issuance of bonds of the state of Florida and of agencies of
the state of Florida; authorizing such State Board of Finance
to adopt the necessary resolutions or other proceedings for
the issuance of such bonds and authorizing said State Board
of Finance to determine the terms, conditions and the rights,
remedies and security of the holders of such bonds; authoriz-
ing said State Board of Finance to have all the powers relat-
ing to the issuance of bonds of state agencies; providing for
the method of sale and other details of such bonds; and pro-
viding when this act shall take effect.
-was read the first time by title and referred to the Com-
mittees on Judiciary A and Finance & Taxation.

By Representative Reed-
HB 62-X(68)-A bill to be entitled An act relating to edu-
cation; making an appropriations t he Florida Education
Commission for the fiscal year beginning July 1, 1968; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Reed and Caldwell-
HB 63-X(68)-A bill to be entitled An act making appro-
priations; providing monies for the annual period beginning
July 1, 1968; providing additional financing for public schools,
junior colleges, vocational-technical schools, adult educa-
tion centers, and institution s of higher education; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Reed-
HB 64-X(68)-A bill to be entitled An act relating to edu-
cation; establishing a uniform state standard for tenure of
classroom instructional personnel; abolishing all local tenure
practices; eliminating tenure for supervisory and administra-
tive personnel; providing for periodic review of tenure; provid-
ing for board determinations of tenure and appeal procedures;
repealing subsections (3), (4) and (5) of section 231.36, Flor-
ida Statutes; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Reed-
HB 65-X(68)-A bill to be entitled An act relating to edu-
cation providing for differentiation in professional responsi-
bility of public school personnel providing for supplemental
compensation based upon professional responsibility; provid-
ing an effective date.
--was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

cation; providing an appropriation to implement a minimal
training and educational program for students in child train-
ing schools; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Hodes, McDonald, Tyre, Campbell, Smith,
Tillman, Mann, and Savage-
HB 67-X(68)-A bill to be entitled An act relating to the
Division of Corrections, academic and vocational training pro-
grams; appropriating funds from the general revenue fund;
providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Osborne-
HB 68-X(68)--A bill to be entitled An act relating to voter
registration lists; amending chapter 98, Florida Statutes, by
adding section 98.213, to provide for the compilation of sepa-
rate lists of registered voters according to sex; providing for
copies at a reasonable cost; providing an effective date.

-was placed temporarily in the Committee on Rules & Cal-
endar.

I

On motion by Mr. Rowell, the House adjourned at 2:15
P.M. to reconvene at 10:00 A.M. tomorrow.

OF REPRESENTATIVES January 31, 1968

By Representatives Alvarez, McDonald, De Young, and
Miers-
HB 69-X(68)-A bill to be entitled An act relating to bingo
and guest games; requiring a license to conduct such games;
levying a tax at the rate of three per cent (3%) on all charges
at such games; providing for the administration of such tax;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary A, Finance & Taxation and Appropria-
tions.

REPORTS OF STANDING COMMITTEES
The Committee on Public School Education recommends the
following pass:
HB 22-X(68) with amendments.
HB 33-X(68) with amendment.
HB 22-X(68) was placed in the Committee on Rules & Cal-
endar
HB 33-X(68) was referred to the Committee on Appropria-
tions.

Adjournment

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

THURSDAY, FEBRUARY 1, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Honorable William H. Bevis:
0 Lord, Our Heavenly Father, Almighty and Everlasting
God, who hast safely brought us to the beginning of this
day, defend us in the same with Thy mighty power, and
grant that this day we fall into no sin, neither run into
any kind of danger; but that all our doings may be or-
dered by Thy direction to do always that which is right-
eous in Thy sight. Through Jesus Christ, our Lord. Amen

The Journal
The Journal of January 31 was ordered corrected and ap-
proved as follows: On page 19, column 2, line 11 from top,
after "230.24-", strike "230.033" and insert "230.33", and on
line 12 from top, strike "230.19" and insert "230.0109."

INTRODUCTION AND REFERENCE
By Representatives Gissendanner, Featherstone, and Spi-
cola-
HB 70-X(68)--A bill to be entitled An act relating to taxa-
tion; levying an excise tax on the severance of timber and
phosphates; prescribing tax rate and manner of collection and

administration; prescribing procedure for paying the taxes;
providing effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Gissendanner and Spicola-
HB 71-X(68)-A bill to be entitled An act relating to air
and water pollution control devices; repealing section 25 of
chapter 67-436, laws of Florida, to remove the tax exemptions
on such control devices; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Crabtree-
HB 72-X(68)-A bill to be entitled An act relating to Sara-
sota county, school facilities; providing for the construction
extension, enlargement, improvement and acquisition of school
buildings and other existing facilities including sites, furnish-
ings and equipment by the board of public instruction; au-
thorizing the issuance of certificates of indebtedness payable
from a portion of race track funds accruing annually to Sara-
sota county to pay the cost of such projects; providing an
effective date.
Evidence of notice and publication was
established by the House as to HB 72-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Gissendanner-
HJR 73-X(68)-A joint resolution proposing an amendment
to Article IX of the state constitution, providing for a state
business income tax.
-was read the first time in full and referred to the Com-
mittee on Judiciary A.

By Representative Gissendanner-
HB 74-X(68)-A bill to be entitled An act relating to trans-
portation of school children; amending section 234.01, Florida
Statutes, to allow state funds to be expended for transporta-
tion of pupils who live more than one half (1/2) mile from
school; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Campbell, E. M. Fortune, and Elmore-
HB 75-X(68)-A bill to be entitled An act relating to office
building construction; authorizing state department of public
welfare to construct office building in De Funiak Springs, Wal-
ton county, pursuant to section 288.17, Florida Statutes; au-
thorizing the state agency to issue revenue certificates for
payment thereof; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives E. L. Martinez and Spicola-
HB 76-X(68)-A bill to be entitled An act relating to taxa-
tion; levying an excise tax on the severance of solid minerals

22

other than phosphates; prescribing tax rate and manner of
collection and administration; prescribing procedure for pay-
ing the taxes; providing effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives E. L. Martinez, Spicola, and Feather-
stone-
HB 77-X(68)-A bill to be entitled An act relating to taxa-
tion; levying an excise tax on the severance of phosphates;
prescribing tax rate and manner of collection and administra-
tion; prescribing procedure for paying the taxes; providing
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Schultz-
HB 78-X(68)-A bill to be entitled An act relating to insti-
tutions of higher learning; providing for the establishment of
a degree granting institution in Duval County; making an ap-
propriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

By Representatives Graham and Ashler-
HJR 79-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 19 of Article XII of the Constitu-
tion of Florida providing for the legislature to set the limit
on the interest rate allowable on bonds issued for capital out-
lay at junior colleges and certain vocational-technical schools.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representatives Graham and Ashler-
HB 80-X(68)-A bill to be entitled An act relating to State
educational agencies; amending section 229.062, Florida Stat-
utes, providing a ceiling on interest allowable on bonds issued
pursuant to section 19, Article XII of the State constitution;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Graham and Ashler-
HB 81-X(68)-A bill to be entitled An act relating to the
state university system under the board of regents; amending
section 243.03, Florida Statutes relating to the issuance of rev-
enue certificates; raising the ceiling on interest rates; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Graham and Ashler-
HJR 82-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 18 of Article XII of the Constitu-
tion of Florida; providing for the legislature to set the limit
on the interest rate allowable on bonds issued on behalf of
counties for capital outlay and debt service and other school
purposes.
-was read the first time in full and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representatives Graham and Ashler-
HB 83-X(68)--A bill to be entitled An act relating to bonds
issued pursuant to Section 18, Article XII of the State Consti-
tution; providing a maximum interest rate on such bonds;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Gissendanner and Bevis-
HB 84-X(68)-A bill to be entitled An act relating to rac-

February 1, 1968

ing; authorizing the state racing commission to grant an addi-
tional day of pari-mutuel operation by horse and dog racing
licensees for a charity day for purposes related to the school
of veterinary medicine at the university of Florida and of the
equine diagnostic laboratory in Marion County; providing for
determination and distribution of the charity day proceeds;
providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

Petition
Representative Pratt presented a petition from citizens of
Manatee County asking for continuance in the public schools
of activities of a religious nature. The petition was filed with
the Clerk.
On motion by Mr. Rowell, the rules were waived and the
House reverted to the Order of-

INTRODUCTION AND REFERENCE
By Representative Reed-
HB 87-X(68)-A bill to be entitled An act relating to the
tax on sales, use, and certain other transactions; amending
sections 212.02, 212.03, 212.04, 212.05, 212.06, 212.07, 212.08 and
212.12, Florida Statutes; increasing such tax generally from
three per cent (3%) to five per cent (5%); imposing a four
per cent (4%) tax on the lease or rental of commercial offices
and buildings; increasing tax on sale of motor vehicles and
farm equipment from two per cent (2%) to four per cent
(4%) and on leases from three per cent (3%) to five per
cent (5%); repealing all exemptions from said tax except on
groceries, drugs, specified items on account of use, certain
other miscellaneous items and motion picture film; repealing
sections 212.03(4), 212.04(2)(b), 212.06(9), 212.07(5), (7) and
(8) and 212.11(3), Florida Statutes; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

to section 11 of article IX of the constitution of Florida to
remove the prohibition against a state income tax.
-was read the, first time in full and referred to the Com-
mittee on Judiciary A.
By Representatives Stafford and Register-
HB 89-X(68)-A bill to be entitled An act relating to the
sales tax, dealers credit for collecting; amending subsection
212.12(1), F. S., to reduce the percentage of collections that
dealers are allowed to deduct as compensation for collecting
the tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Stafford and Register-
HB 90-X(68)-A bill to be entitled An act relating to the
sales tax, dealers credit for collecting; amending subsection
212.12(1), F. S., to reduce the percentage of collections that
dealers are allowed to deduct as compensation for collecting
the tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

MESSAGE FROM THE SENATE
February 1, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted-
By Senators Thomas and Gunter-
SCR 41-X(68)-A concurrent resolution commending Gen-

February 1, 1968

)USE OF REPRESENTATIVES 23

eral Leonard Chapman, Jr., Commandant of the U. S. Marine
Corps for his outstanding achievements and distinguished serv-
ice to the people of Florida and to the nation.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 41-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.

REPORTS OF STANDING COMMITTEES
The Committee on Public School Education recommends the
following not pass:
HB 34-X(68)
The bill was laid on the table under the rule.
The Committee on Judiciary A recommends the following
pass:
HB 10-X(68)
The bill was placed in the Committee on Rules & Calendar.
The Committee on Judiciary A recommends the following
pass:
HB 43-X(68)
The bill was referred to the Committee on Appropriations.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:20 A.M.
to reconvene at 10:00 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

FRIDAY, FEBRUARY 2, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Honorable David L. Brower:
Oh Thou Holy Spirit, who has promised to lead us into
all truth, prepare our hearts and minds for the business
of this day, that we may behave with true courtesy and
honor. Compel us to be just and honest in our dealings.
Let our motives be above suspicion. Let our word be our
bond. Save us from the fallacy of depending on our per-
sonality or ingenuity or position to solve our problems.
Since Thou hast the answers, make us willing to listen to
Thee, that we may vote on God's side, and that God's
will may be done in us. Through Jesus Christ, our Lord.
Amen.

Co-introducers
Representative Whitson was given permission to be recorded
as a co-introducer of HB's 89-X(68) and 90-X(68).

By Representatives Schultz and Pettigrew-
HB 92-X(68)--A bill to be entitled An act relating to ad
valorem taxation; amending section 192.05, Florida Statutes,
as amended by chapter 67-376, laws of Florida, to provide for
assessment of inventory at fifty per cent (50%) of just valua-
tion in 1968, twenty-five per cent (25%) of just valuation in
1969 and thereafter; defining inventory; authorizing the comp-
troller to promulgate regulations; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Davis, Pfeiffer, Powell, Nergard, Reed,
Humphrey, De Young, Rust, James, Poorbaugh, and McNulty-
HB 93-X(68)-A bill to be entitled An act relating to office
expenses of the state attorney and assistant state attorneys
of all judicial circuits in the state comprised of four (4) coun-
ties and having three (3) circuit judges; amending chapter
65-800, Laws of Florida, 1965; authorizing each county within
judicial circuits affected by this act to supplement the budget
of the state attorney and assistant state attorneys for office
expenses; providing that the supplement is for a proper coun-
ty purpose; providing for authorization of past payments to
the state attorney and assistant state attorneys; providing an
effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

-was read the first time by title and referred to the Com-
The Journal mittees on Higher Education and Appropriations.

The Journal of February 1 was ordered corrected, and as
corrected, approved.

Motions Relating to Committee Reference
On motion by Mr. Rowell, the rules were waived and the first
committee of reference for HB 56-X(68), and HJR's 8-X(68),
58-X(68) and 59-X(68) was granted permission to have these
bills retyped in conformity with Rule 7.2, as amended.

By Representative Ashler-
HB 95-X(68)--A bill to be entitled An act relating to pub-
lic junior colleges; authorizing such colleges to keep certain
records at the site of the college, providing that such records
be kept available for inspection by state and county officials;
and requiring that permanent records be stored in the office of
the county superintendent; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Rust, James, and Poorbaugh-
HB 96-X(68)-A bill to be entitled An act relating to jurors
and juror lists; amending sections 40.22, 40.29, 40.30, 40.31,
40.32 and 40.33, Florida Statutes, by providing for the selection
and issuance of venire and summons and pay of jurors for
small claims-magistrate courts; providing a severability
clause; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Walker-
HB 97-X(68)-A bill to be entitled An act creating a park-
ing authority in Collier county, Florida, located in the city of
Naples, fixing and describing its boundaries, providing for the
appointment of its commissioners, prescribing the duties, func-
tions, responsibilities and powers of its governing body and
providing for the liberal construction of said act.
Evidence of notice and publication was
established by the House as to HB 97-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives' Stafford, Register, and Robinson-
HB 98-X(68)-A bill to be entitled An act relating to the
county school system, continuing contracts; amending sections
230.0110(1) and 231.36(5) and (6), Florida Statutes, to remove
provisions for continuing contracts; amending section 230.23
(5)(f), Florida Statutes, to provide for twelve (12) month
contracts; amending section 236.02(2), Florida Statutes, to
provide for a minimum school term; amending section 236.02
(6), Florida Statutes, to remove provisions for continuing
contracts and to set minimum salaries for certain teachers;
amending section 232.27, Florida Statutes, to set standards for
teachers' authority over pupils; amending section 228.041(19),
Florida Statutes, to change the definition of school year; adding
subsection (26) to section 228.041, Florida Statutes, to define
"normal work day" for instructional and administrative per-
sonnel; repealing sections 230.0110(3), 231.351, 231.36(3), (4),
(7), (9), Florida Statutes.
--was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By the Committee on Judiciary A-
HJR 100-X(68)-A joint resolution proposing an amend-
ment to Section 20 of Article IV of the State Constitution by
eliminating the Superintendent of Public Instruction from the
Governor's Cabinet; repealing Section 25 of Article IV.
-was read the first time in full, referred to the Calendar
without reference, and, under Rule 8.16, placed in the Commit-
tee on Rules & Calendar.

HB 102-X(68)-A bill to be entitled An act relating to edu-
cational organizations; prohibiting the application of certain

February 2, 1968

Remarks by Mr. Smith
As most of you know, several years ago there was a
program initiated here in the House, in which we would
try to obtain the portraits of all the former Speakers of

)USE OF REPRESENTATIVES 25

words to public educational institutions by organizations other
than the state board of education; providing penalties; pro-
viding for study; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Public School Education.

By Representative Nergard-
HB 103-X(68)-A bill to be entitled An act relating to St.
Lucie county; defining the terms "savannahs" and airboatt";
prohibiting airboats in the savannahs in said county; provid-
ing that the violation of this act is a misdemeanor and provid-
ing an effective date.
Evidence of notice and publication was
established by the House as to HB 103-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

Presentation of Portraits of Former Speakers of the House
The Speaker asked Mr. Stevens to come to the rostrum for
the purpose of making a presentation.
On motion by Mr. Rowell, the following remarks were or-
dered spread upon the Journal.

Remarks by Mr. Stevens
Ladies and Gentlemen, it is my pleasure this morning
to present to the House a portrait of former Speaker
John B. Johnston of Pasco County, which has been pro-
vided for us by the Board of County Commissioners of
Pasco County, and I would like to take just a moment to
tell you something about Mr. Johnston.
John B. Johnston was born at Fort Gaines, Georgia.
He was the only son of Dr. William J. Johnston, one of
Georgia's most distinguished physicians and illustrious
citizens. He was educated at Emory and Henry of Vir-
ginia, and at the United States Military Academy at West
Point. He served throughout the Civil War in the Confed-
erate Army as line and staff officer; was wounded at Mur-
freesboro, Tennessee, and seriously wounded at Chicka-
maugua. He was a lawyer by profession. He was a mem-
ber of the Georgia Legislatures of 1871-72 and 1873-74
in both of which he was prominent. He established the
Waldo (Florida) Advertiser in April, 1883, and in 1887
moved to Dade City, establishing the Pasco County Demo-
crat in August. He was a member of the Constitutional
Convention of Florida in 1885, a member of the Legisla-
ture and Speaker of the House in 1893. He stumped the
State under the auspices of the State Democratic Execu-
tive Committee in many campaigns in Florida from 1878
to 1897 at his own expense and for love of the party.
This was taken from the state archives. Mr. Speaker, it
gives me a great deal of pleasure to present to the House,
former Speaker Johnston's portrait.

Acceptance by the Speaker
It is with a great deal of pleasure I accept this por-
trait on behalf of the House, and I wish to express grati-
tude to Mr. Stevens and to Pasco County for making to-
day's presentation possible. I think the portrait of Speaker
Johnston will make an outstanding addition to our gal-
lery of Speakers.
The Speaker asked Mr. Smith to come to the rostrum for
the purpose of making a presentation.
On motion by Mr. Rowell, the following remarks were or-
dered spread upon the Journal.

JOURNAL OF THE HOUSE

the House of Representatives and hang them in this
Chamber. And of course it's my privilege this morning to
present to you a portrait of a former Speaker from Jeffer-
son County. His name was Dannitte Hill Mays. Whitman
said, and I suppose Whitman knew America as well as
anyone, that great cities are those cities having the great-
est men and women. And I think that Whitman's obser-
vation might equally well apply to states, because cer-
tainly it's true that Florida, as! we know it to be a great
state, has had its share of good and great men. The late
Dannitte Hill Mays was such a man. In him were com-
bined the very best qualities of the pre-Civil War planter
aristocracy and those qualities that we best like in that
new breed that came on after the Civil War, which were
so aptly described by Henry Grady in The New South.
Mr. Mays was born in 1852 at the family plantation in
Madison County, near the Georgia line. His parents were
Richard Johnson and Eliza Williams Mays, who came to
Madison County from South Carolina in the mid 1830's.
They prospered there. The elder Mays was a Baptist minis-
ter, but he was also a planter. He had in fact organized
the Florida Baptist Association and I'm told served as its
first president. He died in 1864, which you will recognize
as being at the end of the Civil War. Young Dannitte was
only twelve years old at this time. His mother, a brother
and a sister survived the father's death. Dannitte went to
school at private and public schools in Savannah, Geor-
gia; then at the age of fourteen he went to Washington
and Lee University. He stayed there for three years and
he came back to help recoup the family fortune, that had
gone as many fortunes had at the end of the Civil War. I
think it's interesting to note that he said one of the things
that impressed him most about Washington and Lee was
the President of that great university at that time, and of
course this was the great southern general and educator,
Robert E. Lee. Dannitte Mays started, you might say, with
nothing, but within a relatively short time, he prospered,
he became wealthy, he owned thousands of acres of land
in not only Madison County but Jefferson County and
Leon County. Later he married, in 1880, a Leon County
girl, Miss Emmala Bellamy Parkhill. Now, her father was
a prominent Leon County physician who, at the out-
break of the Civil War, gave up his practice, organized a
company of men and-a company of volunteers, I should
say-and went to the war. He was killed at the Battle of
Richmond-to be more specific, in the Seven Days' Battle.
Miss Parkhill also had a brother that was a Justice to
the Florida Supreme Court. This then is the marriage-
Dannitte Hill Mays and Missi Emmala Bellamy Parkhill.
Mr. Mays, I should tell you, served six terms in this House
of Representatives. He was elected the first time in 1891
from Jefferson County. In 1897 he was elected Speaker.
You would like to know, I think, that he was twice a can-
didate for Governor, in 1901 against William Jennings,
again in 1905 against Napoleon Bonaparte Broward. His
name was also placed in nomination for the United States
Senate, and then later in his political life, in 1908, he
served the Third Congressional District in the United
States Congress. He served two terms, from 1909 to 1913.
We have several members of this family with us here
today. I don't know that all the people I have on the
list here are present, but I think that certainly most of
them are. We have Miss Elizabeth B. Mays from Monti-
cello-and these are the children of Dannitte Hill Mays-
we have Elizabeth B. Mays, Mrs. Sayler Mays Spindler,
Mr. and Mrs. John B. Gill, Sr., of Thomasville, Georgia,
Mr. and Mrs. Parkhill Mays from Monticello. We have
grandchildren: Mr and Mrs. Dannitte Hill Mays III from
Tallahassee, and their children, Dannitte Hill Mays IV,

26

HB 66-X(68)

HB 67-X (68)

The bills were referred to the Committee on Appropriations.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:31 A.M.
to reconvene at 11:00 A.M. Monday, February 5.

OF REPRESENTATIVES February 2, 1968

George and David. We have from Monticello another fam-
ily, Mr. and Mrs. George Ard Mills, Jr. and their children,
Miss Cornelia Mills, George Ard Mills III and Parkhill
Scott Mills. We have from Lakeland, Florida, Mr. and Mrs.
Charles Parkhill Mays, Jr. and their son, Master Parkhill
Mays III. And from Perry we have, the Reverend and Mrs.
John B. Gill, Jr. I might say that this is one of the most
prominent families in North Florida. One of the things
that I learned early, when I went to Jefferson and Madi-
son Counties, was that one of these children married a
Mr. C. E. Kelly of Madison County, and this man was
the father to Colin Kelly, Jr. who of course lost his life
in the early days of World War II and is one of the great
American heroes. I might say also that I had the privilege
of coaching Parkhill Mays, Jr., who is a grandson of the
man that we honor here today. Mr. Speaker, it's my priv-
ilege and honor at this time to present to the House the
portrait of Dannitte Hill Mays, a former Speaker of this
Body.
The Speaker asked members of the Mays family to rise, and
be recognized by the House. Senator L. P. Gibson, present on
the rostrum, said of Speaker Mays, "to know him was to love
him," and of the Mays family, "these are good people."

Acceptance by the Speaker
On behalf of the House, it is my pleasure to accept
the portrait of Speaker Mays who, as I understand, was
one of the outstanding Speakers in the history of this
House. This portrait is a valuable addition to our gallery
and I wish to express my sincere gratitude to the Mays
family for presenting it to us.
Mr. Smith introduced Mrs. Jean Vanderford Rhodes of Tal-
lahassee, the! artist for the portrait of Speaker Mays.

REPORTS OF STANDING COMMITTEES
The Committee on Higher Education recommends the fol-
lowing pass:
HB 86-X(68) HB 45-X(68)
HB 78-X(68) with amendment
The bills were referred to the Committee on Appropriations.
The Committee on Higher Education recommends the fol-
lowing not pass:
HB 13-X(68)
The bill was laid on the table under the rule.
The Committee on Public School Education recommends the
following pass:

Note: Under Rule 13, persons registering as lobbyists are required to state whether their status as such be "continuous" or
"for a particular session." A list of those persons who have registered as "continuous" since the enrollment began for the 1967-68
House may be obtained from the Office of the Clerk. No re-registration for this Special Session has been required of those who
originally registered on a continuing basis.

Direct Assoc.
or Ptnrshp.
w/Legislator

None

None

None

None

None

None

None

None

None

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

MONDAY, FEBRUARY 5, 1968

The House was called to order by Mr. Rowell at 11:00 A.M.
The following Members were recorded present:

Prayer
Prayer by Dr. Fred T. Laughon, Chaplain:
Dear God, we thank You that You are not bothered by our
frequent and hasty conversations in these moments of prayer.
Beginning a new week of critical service to the people of our
state, let us remember that just because we stop talking in
this formal prayer, that You do not stop speaking to us. We
conclude our prayer as we have so often prayed before: "Give
us the serenity to accept the things that we cannot change,
the courage to change the things we can change, and the wis-
dom to know the difference." In our Lord's name, we pray.
Amen

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of February 2 was ordered corrected, and as
corrected, approved.

Motion Relating to Committee Reference
On the statement by Mr. Smith, Chairman of Public School

Education, that HB 30-X(68) does not pertain to education,
the bill was, without objection, withdrawn from that commit-
tee and referred to the Committee on Ad Valorem Taxation.

Co-introducers
Representative Myers was given permission to be recorded
as a co-introducer of HB 70-X(68) and HJR 73-X(68).
Representative Baker was given permission to be recorded
as a co-introducer of HB's 53-X(68), 66-X(68), and 67-X(68).

INTRODUCTION AND REFERENCE

By Representative Grizzle-
HCR 104-X(68)-A concurrent resolution expressing regret
of the passing of Henrietta Malkeil Poynter, Editor of Con-
gressional Quarterly in Washington.
-was read the first time in full and referred to the Com-
mittee on Judiciary A.

By Representative Brower-
HB 105-X(68)-A bill to be entitled An act relating to edu-
cation, certificates granted on application to those meeting
prescribed requirements; amending section 231.17, subsection
(1), Florida Statutes, providing for a modification of existing
requirements for certification; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Robinson and Mann-
HB 106-X(68)-A bill to be entitled An act creating a state
board of education composed of three appointed members and
twelve members selected from congressional districts in non-
partisan elections; providing for employment of a commis-
sioner of education; providing for terms and elections and
prescribing organization, duties, and application of existing
law; and providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Wolfson, Matthews, Gautier, and Papy-
HB 107-X(68)-A bill to be entitled An act relating to al-
coholic beverage licenses; authorizing one (1) additional club
beverage license in all counties in the state having a popula-
tion of not less than forty-five thousand (45,000) and not
more than fifty-one thousand (51,000), according to the latest
official decennial census; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree-
HB 108-X(68)-A bill to be entitled An act relating to Sara-
sota county authorizing the board of county commissioners of
Sarasota county to provide, equip and staff offices for mem-
bers of the Florida legislature who represent Sarasota county;

_ _I __

JOURNAL OF THE HO

providing that same shall be a county purpose to be paid for
out of general funds of the county; ratifying all expenditures
made by the board of county commissioners of Sarasota
county for said purpose; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 108-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree-
HB 109-X(68)-A bill to be entitled An act relating to the
South Venice Special Tax Road District, Sarasota county;
amending sections 3, 4, 7 and 9, Chapter 57-1839, Special Acts
of 1957, and Chapter 67-2052, Special Acts of 1967, Laws of
Florida, and relating to the taxing powers thereof, the duties
and powers of the Trustees of such District, repealing section
14 thereof, providing an effective date.
Evidence of notice and publication was
established by the House as to HB 109-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree-
HB 110-X(68)-A bill to be entitled An act relating to Sar-
asota county, Florida, authorizing and empowering the board
of county commissioners of Sarasota county, Florida, to re-
quire that platted and recorded subdivision lots of unincor-
porated areas of Sarasota county be cleared of weeds, brush,
debris or any other noxious material; amending section 2 of
chapter 67-2085, laws of Florida, special acts of 1967, so as
to require property owners to clear their lots within platted
and recorded subdivisions; amending section 6(2) of chapter
67-2085, laws of Florida, special acts of 1967; providing an
effective date.
Evidence of notice and publication was
established by the House as to HB 110-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Nergard, De Young, Humphrey, and
Davis-
HB 111-X(68)-A bill to be entitled An act relating to sup-
plementary salaries for circuit court judges in each judicial
circuit composed of four (4) counties having a combined pop-
ulation of not less than eighty-five thousand (85,000) and not
more than one hundred thousand (100,000), according to the
latest official decennial census; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Sweeny and Conway-
HB 112-X(68)-A bill to be entitled An act amending the
referendum provision of Chapter 67-1010 relating to the abo-
lition of justice of the peace districts in Volusia county; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

for the Sumter Correctional Institution, the reception and
medical center, and the community services program; provid-
ing an effective date.
-was admitted for introduction and consideration by the
required Constitutional two-thirds vote, read the first time by
title and referred to the Committees on Appropriations and Ju-
diciary A.

By Representatives Crider, Tillman, D'Alemberte, Murphy,
Grange, Reeves, Singleton, Wells, and Reed-
HB 114-X(68)-A bill to be entitled An act making sup-
plemental appropriations; providing moneys for the period
beginning April 1, 1968, and July 1, 1968, to pay salaries, and
other expenses, capital outlay, and for other specified purposes
of the State Beverage Department; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rust-
HR 115-X(68)-A resolution creating a special interim com-
mittee to study the feasibility of treatment and rehabilitation
of alcoholics at the southeast Florida tuberculosis hospital at
Lantana.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Gissendanner-
HB 116-X(68)-A bill to be entitled An act relating to
school instructional personnel; amending section 236.02(6) (a)
1., Florida Statutes, to provide for an increased minimum an-
nual salary for members who qualify as the head of a fam-
ily; defining head of a family; providing an effective date.
-was read the first time, by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Rust and Middlemas-
HB 117-X(68)-A bill to be entitled An act relating to
bingo; providing for the issuance of permits to certain autho-
rized organizations for the conducting of bingo games; pro-
viding manner in which games shall be conducted; providing
penalties; repealing Chapter 67-178, laws of Florida; provid-
ing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rust-
HM 118-X(68)-A memorial to the congress of the United
States to provide for the refund of five per cent (5%) of all
federal income taxes collected within the several states to said
states to be used for county and local purposes.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Gissendanner, Bevis, Conway, and Gilles-
pie-
HB 119-X(68)-A bill to be entitled An act relating to rac-
ing; authorizing the state racing commission to grant an ad-
ditional day of pari-mutuel operation by horse and dog rac-
ing licensees for a charity day for purposes related to the
school of veterinary medicine at the university of Florida;
providing for determination and distribution of the charity
day proceeds; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representative D'Alemberte-
HB 120-X(68)--A bill to be entitled An act relating to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

-was read the first time by title and referred to the Com-
mittees on Ad Valorem Taxation and Appropriations.

By Representatives Schultz, Wells, D'Alemberte, Brantley,
Blalock, Ashler, Yarborough, Alvarez, Briggs, Reeves, Grange,
Crider, Arnold, and Nichols-
HB 121-X(68)-A bill to be entitled An act relating to prop-
erty tax relief; creating the property tax relief fund in the
office of the state treasurer; authorizing a request for dis-
tribution from school boards; providing for certain agree-
ments by virtue of such request; providing for the distribu-
tion of property tax relief fund to the several district school
boards; providing that Florida Statutes 193.031 is inapplica-
ble to school boards; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Ad Valorem Taxation and Appropriations.

By Representatives Randell and Walker--
HB 122-X(68)-A bill to be entitled An act relating to con-
servation, fishermen and equipment regulation in all counties
having a population of not less than fifty-two thousand (52,-
000) inhabitants and not more than fifty-four thousand eight
hundred (54,800) inhabitants according to the latest official
decennial census; making it unlawful to take certain sardine
like fish with a purse seine, purse gill net, lampara net or
similar net or device for any purpose within five miles of
shore; providing for a penalty; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

Adjournment
On motion by Mr. Dubbin, the House adjourned at 11:16 A.M.
to reconvene at 2:00 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:00 P.M.
The following Members were recorded present:

CONTINUATION OF INTRODUCTION AND REFERENCE
By Representatives D'Alemberte and Firestone-
HB 123-X(68)-A bill to be entitled An act relating to pub-

February 5, 1968

lic schools, providing for additional kindergarten units in the
minimum foundation program grades K-12; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Robinson-
HB 124-X(68)--A bill to be entitled An act relating to taxa-
tion and to conservation of natural resources; imposing an
excise tax on the severance of timber and solid minerals; au-
thorizing a credit amounting to eighty per cent (80%) of the
amount of tax collected on the resources severed from the site;
providing for the administration of such tax and credits by
the Board of Conservation and the comptroller; providing that
the proceeds from the tax be earmarked for the purchase or
improvement of state park land; providing effective dates.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Grange, Brantley, Nergard, Harris, Mat-
tox, Alvarez, Lindsey, and McKinley-
HB 125-X(68)-A bill to be entitled An act amending Chap-
ter 67-110, Laws of Florida; providing for expiration of the
terms of offices of the present members of the Florida Con-
struction Industry Licensing Board; amending Section 3(1)
of Chapter 67-110, Laws of Florida, creating a new board and
prescribing qualifications of the members; providing that the
board created by this act shall be considered the first board
and the appointees shall be considered the original appointees;
providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree-
HB 126-X(68)-A bill to be entitled An act relating to the
lien of final judgments and decrees on real estate; amending
sections 55.10 and 28.221(4), (5), Florida Statutes; providing
that judgments and decrees shall become liens on real estate
when recorded in official records or the judgment lien book;
amending chapter 55, Florida Statutes, by adding section
55.101, validating judgments and decrees that have been re-
corded heretofore in the manner prescribed in this act; pro-
viding for the elimination of liens on real estate when judg-
ments and decrees have been recorded otherwise than in judg-
ment lien books and official records; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Ashler and Graham-
HB 127-X(68)-A bill to be entitled An act making appro-
priations; providing moneys for the fiscal year beginning
July 1, 1968 to pay salaries, and other expenses of the state
university system; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

HB 129-X(68)-A bill to be entitled An act relating to
strikes by government employees or organizations of govern-

32

JOURNAL OF THE HOI

ment employees; amending section 839.221, Florida Statutes,
by adding subsection (5), subjecting such employees or or-
ganizations to, the injunctive power of the circuit courts; set-
ting a discretionary fine for contempt by such organizations.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Murphy, Stafford, King, Fleece, Ducker,
Bassett, Gorman, Gibson, Humphrey, Reed, Eddy, Robinson,
Rust, Brower, Tillman, and Caldwell-
HB 130-X(68)-A bill to be entitled An act relating to the
retirement system for school teachers; amending section 238.01
(4) and (6), Florida Statutes, to exclude certain nonprofit
professional associations of teachers and their employees
from the definitions of "Employer" and "Teacher"; amending
section 238.11() (a), Florida Statutes, to delete reference to
nonprofit professional association or corporation of teachers;
repealing subsection (3) of section 238.11, Florida Statutes,
and section 238.17, Florida Statutes, relating to nonprofit
association or corporation of teachers; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives James, Brower, Ducker, Bassett, Murphy,
Gorman, Gibson, Humphrey, Stallings, Reed, Eddy, Robinson,
Tillman, Rust, and Caldwell-
HB 131-X(68)-A bill to be entitled An act relating to
teachers' salaries; providing certain teachers who resign shall
not receive salary increases for a specified period; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives James, Brower, Ducker, Bassett, Gorman,
Gibson, Humphrey, Murphy, Fleece, Stallings, Reed, Eddy,
Tillman, Robinson, and Caldwell-
HB 132-X(68)-A bill to be entitled An act relating to in-
structional personnel of school system; amending chapter 231,
Florida Statutes, by adding section 231.352 to make induce-
ment to violation of contract a misdemeanor.
--was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Reed--
HB 134-X(68)-A bill to be entitled An act relating to the
tax on sales, use, and certain other transactions; amending
sections 212.02(6),(9),(16), 212.03(1),(2),(3), 212.04(1), 212.05
(1),(2),(3),(4), 212.06(1), 212.08(1),(3),(5),(6),(7) and 212.12,
Florida Statutes; increasing such tax generally from three
per cent (3%) to five per cent (5%); imposing a four per cent
(4%) tax on the lease or rental of commercial offices and
buildings; increasing tax on sale of motor vehicles and farm
equipment from two per cent (2%) to four per cent (4%) and
on leases from three per cent (3%) to five per cent (5%); im-
posing a five per cent (5%) tax on intrastate telephone and
telegraph services; repealing sections 212.03(4), 212.08(4) and
212.11(3), Florida Statutes, relating to exemptions; providing
an effective date.

-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

Report of the Committee on Rules & Calendar
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Monday, Feb-
ruary 5, 1968, the consideration of the following bills together
with their companion measures:
HB 22-X(68)
HB 10-X(68)
HJR 100-X(68)
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
HB 22-X(68)-A bill to be entitled An act relating to the
state merit system; amending section 110.051(2) (e), Florida
Statutes, to add members of the professional staffs of the
State Department of Education, the Florida Education Commis-
sion, the Florida Public School Board, the Florida Junior Col-
lege Board, the Florida Board of Regents, and the Florida
Board for Vocational-Technical and Adult Education to the
list of exempt positions; providing an effective date.
-was taken up.
On motion by Mr. Mann, the rules were waived and HB
22-X(68) was read the second time by title.
The Committee on Public School Education offered the fol-
lowing amendment:
In Section 1, on page 2, line 9, strike the period and in-
sert the following: as determined by the particular board
having jurisdiction, subject to review by the state board of
education or its successor.
Mr. Smith moved the adoption of the amendment which was
adopted.
The Committee on Public School Education offered the fol-
lowing amendment:
In Section 2, on page 2, line 10, strike entire Section and
insert the following: Section 2. This act shall take effect im-
mediately upon becoming law.
Mr. Smith moved the adoption of the amendment which
was adopted.
On motion by Mr. Mann, the rules were waived and HB
22-X(68) was read the third time in full and passed, as amend-
ed. The vote was:
Yeas-97

Representatives Alvarez and Pettigrew were recorded as
voting Yea.
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
HB 10-X(68)--A bill to be entitled An act relating to the
unauthorized presence upon the campus of a state university
or junior college of any person committing an act likely to
interfere with the peaceful conduct of the activities of such
campus; making it a misdemeanor for such person to fail to
leave such campus after being properly directed to do so and
providing an effective date.
-was taken up.
On motions by Mr. Tucker, the rules were waived and HB
10-X(68) was read the second time by title, the third time in
full and passed, title as stated. The vote was:
Yeas-92

Representative Bevis was recorded as voting Yea.
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate.
HJR 100-X(68)-A joint resolution proposing an amend-
ment to Section 20 of Article IV of the State Constitution by
eliminating the Superintendent of Public Instruction from the
Governor's Cabinet; repealing Section 25 of Article IV.
-was taken up and read the second time in full. On motion
by Mr. Wells, the rules were waived and HJR 100-X(68) was
read the third time in full, as follows:
HJR 100-X(68)-A joint resolution proposing an amend-
ment to Section 20 of Article IV of the State Constitution by
eliminating the Superintendent of Public Instruction from the
Governor's Cabinet; repealing Section 25 of Article IV.

Be It Resolved by the Legislature of the State of Florida:
That Section 20 of Article IV of the State Constitution be
amended as set forth below; that said amendment be sub-
mitted to the electors of the State of Florida for ratification

or rejection at the next general election to be held on Nov-
ember 5, 1968; that publication of notice of election be given;
and that, if approved by the electors of the State of Florida,
this amendment shall become a part of the State Constitution
on January 1, 1970; said Section 20 to read:
SECTION 20. Governor's Cabinet.-The Governor shall be
assisted by administrative officers as follows: A secretary of
state, attorney general, comptroller, treasurer, [superintendent
of public instruction,] and commissioner of agriculture, who
shall be elected at the same time as the governor, and shall
hold their offices for the same term; provided, that the first
election of such officers under this section shall be had at
the time of voting for governor in 1964 for a term of two
years and thereafter commencing with the time of voting for
governor in 1966, said officers shall be elected for a term of
four years.
SECTION 25. Section 25 of Article IV of the State Con-
stitution is hereby repealed.
Pending roll call, Mr. Scarborough suggested the absence
of a quorum. A quorum of 104 Members was present.
HJR 100-X(68) passed by the required Constitutional three-
fifths vote of all Members elected to the House. The vote
was:
Yeas-83

PAIR VOTES
I am paired with Representative Randell. If he were present,
he would have voted Yea, and I would have voted Nay on the
final passage of HJR 100-X(68).
Representative Ray Mattox
I am paired with Representative Gallen. If he were present,
he would have voted Nay, and I would have voted Yea on the
final passage of HJR 100-X(68).
Representative A. S. Robinson
By waiver of the rule, the joint resolution was ordered im-
mediately certified to the Senate.

EXPLANATION OF VOTE ON HJR 100-X(68)
I have been, and still am in favor of permitting the people
to decide whether they want to retain our present Cabinet
system, with an elected Superintendent of Education, or
whether they want to make this post appointive. However, I

believe that the vote was premature, and that we should first REPORTS OF STANDING COMMITTEES
be assured that the Legislature's attempts to provide quality
education will not again be thwarted by executive veto. The Committee on Appropriations recommends the follow-
ing pass:
Representative Gerald Lewis
HB 43-X(68) HB 81-X(68)
HB 80-X(68) HB 83-X(68)
The bills were placed in the Committee on Rules & Cal-
"EXPLANATION OF VOTE ON HJR 100-X(68) endar.
Though I am in favor of allowing the people of the State The Committee on Judiciary A recommends the following
of Florida the opportunity to decide whether the Superinten- pass:
dent of Public Instruction should be elected or otherwise se-
lected, I feel that this particular amendment is a bit too pre- HB 113-X(68)
mature. I would have voted for this amendment at a later The bill was referred to the Committee on Appropriations.
date.
Representative Bernie C. Papy, Jr.
ENGROSSING REPORT

EXPLANATION OF VOTE ON HJR 100-X(68)
Although I am unalterably opposed to the appointment of
members of the Governor's Cabinet, I voted for HJR 100-X(68)
in order that the people might have an opportunity to ex-
press themselves in this regard as to the Superintendent of
Public Instruction. I plan to vigorously oppose the adoption
of this amendment to our Constitution when it comes up for
a vote in November.
As the Governor had recommended such a change as part
of his educational package, I felt that in a true spirit of bi-
partisanship this much should be conceded in order that our
educational crisis might perhaps more readily be resolved.
Representative Henry W. Land

February 5, 1968
Your Engrossing Clerk to whom was referred-
HB 22-X(68)
-with amendments, reports the amendments have been in-
corporated and the bill is herewith returned.
-and the bill was ordered immediately certified to the Sen-
ate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:05 P.M.
to reconvene at 10:00 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

TUESDAY, FEBRUARY 6, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Reverend Ron Lieb, Pastor of Aenon Baptist
Church, Tallahassee.
Our Father and our God, through Jesus Christ who died
for our sins and rose from the dead, we ask Thee humbly,
yet boldly to consider our prayers this hour especially.
Father, we first want to thank Thee for the high honour
of even being able to pray. Then we want to thank Thee
for Thy word which is a lamp unto our feet and a light
unto our pathway. We would also thank Thee, Oh Lord,
for our health, our families, our jobs, and life itself. We
thank Thee for our freedoms and opportunities which we
enjoy in America. We would not forget the opportunities
and the honour to serve Jesus Christ and our fellowman.
We are also grateful for the men who make our laws and
that there are some who still believe that prayer and Bible
reading has its place in our schools and that this nation
was founded on belief in God. Now we would ask Thee,
Oh God, to forgive us our sins and iniquities, for they
are great, and have mercy upon us as we repent and seek
Thy face. Help us to realize that without Thee we can do
nothing, but through Jesus Christ we can do all things.
We ask Thee, Oh God, Thou being the great, the chief
and the perfect lawmaker, to guide and help these, our
lawmakers elected by the people. As they realize the tre-
mendous task before them with the many complex prob-
lems, we pray for Thy blessings upon them and their
families, and also ask for divine guidance. We would ask

Thy blessing upon our Governor of the State of Florida
and his family, as we realize the tremendous responsi-
bility of leadership. Bless and wake up the preachers of
this fair land, Oh God, that we all might work hand in
hand to make this a better society in which to live. We
thank Thee Father for listening to our prayers. Now may
we by faith listen to You as You talk back to us and
direct our thinking. We ask all these things in the most
precious name of Jesus Christ our Lord. Amen

The Journal
The Journal of February 5 was ordered corrected and ap-
proved as follows: On page 34, column 1, in the roll call
vote on HB 10-X(68), strike "Firestone" and insert "Feather-
stone".

Motion Relating to Committee Reference
On the statement by Mr. Smith, Chairman of Public School
Education, that HB 41-X(68) does not pertain to public school
education, the bill was, without objection, withdrawn from
that committee and referred to the Committee on Higher Edu-
cation.

Co-introducer
Representative Reedy was given permission to be recorded
as a co-introducer of HB 86-X(68).

INTRODUCTION AND REFERENCE

By Representative Rust-
HB 135-X(68)-A bill to be entitled An act relating to state
and county officers and employees retirement; amending sec-
tion 122.02(1), Florida Statutes, to include fulltime officers
or employees of fire control tax districts within the definition
of state and county officers and employees; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Stafford and Register-
HB 136-X(68)-A bill to be entitled An act relating to the
State Department of Education or its successor; authorizing
the establishment of a merit pay system for school instruc-
tional personnel; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Schultz and Grange-
HB 137-X(68)-A bill to be entitled An act relating to edu-
cation, establishing training programs for industry; creating
the Industry Services Advisory Board; providing an appro-
priation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Stevens, Spicola, Ryals, Redman, Danahy,
Hodes, Culbreath, and Sessums-
HB 138-X(68)-A bill to be entitled An act relating to con-
servation, fishermen and equipment regulation in all counties
having a population of not less than ten thousand nine hun-
dred (10,900) inhabitants and not more than eleven thousand
two hundred thirty (11,230) inhabitants according to the latest
official decennial census; making it unlawful to take certain
sardine like fish with a purse seine, purse gill net, lampara
net or similar net or device for any purpose within ten
miles of shore; providing for a penalty; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Stevens, Spicola, Ryals, Redman, Dan-
ahy, Hodes, Culbreath, and Sessums-
HB 139-X(68)-A bill to be entitled An act relating to con-
servation, fishermen and equipment regulation in all counties
having a population of not less than eight thousand three
hundred (8,300) inhabitants and not more than nine thousand
four hundred (9,400) inhabitants according to the latest offi-
cial decennial census; making it unlawful to take certain sar-
dine like fish with a purse seine, purse gill net, lampara net
or similar net or device for any purpose within ten miles of
shore; providing for a penalty; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Brantley, Alvarez, Crider, Grange,
Schultz, Scarborough, Arnold, and Nichols-
HB 140-X(68)-A bill to be entitled An act to authorize
the establishment of a maritime academy at the Florida Jun-
ior College at Jacksonville; providing authority to match
available federal funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representative Yarborough-
HB 141-X(68)-A bill to be entitled An act relating to
criminal courts of record, additional judges; creating and es-
tablishing the office of additional judges in and for the crimi-
nal court of record in any county in the state having a popu-
lation of more than four hundred fifty thousand (450,000),
according to the latest official decennial census or census com-
mission; amending chapter 65-829, Laws of Florida; providing
an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Walker and Randell-
HB 142-X(68)-A bill to be entitled An act relating to con-
servation, fishermen and equipment regulation in all counties
having a population of not less than fifteen thousand seven
hundred (15,700) inhabitants and not more than sixteen thou-
sand four hundred (16,400) inhabitants according to the latest
official decennial census; making it unlawful to take certain
sardine like fish with a purse seine, purse gill net, lampara
net or similar net or device for any purpose within ten miles
of shore; providing for a penalty; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree--
HB 143-X(68)--A bill to be entitled An act relating to Sara-
sota county planning and zoning; amending sections 3, 4, 10,
23 and 32 of chapter 31264, laws of Florida, 1955, as amended;
re-enacting chapter 31264, laws of Florida, 1955, as amended;
providing definitions for area, condominium and planned unit
development; clarifying scope of unincorporated area; autho-
rizing and empowering the board of county commissioners of

Sarasota county, Florida, to establish special districts and reg-
ulations for planned unit developments and condominiums;
providing for approval of plats for condominiums or planned

February 6, 1968

HCR 149-X(68)-A concurrent resolution requesting the
Secretary of State of Florida to return House Bill No. 2080
vetoed by the Governor to the House of Representatives for
the purpose of further reconsideration.
-was read the first time in full and referred to the Com-
mittee on Judiciary A.

SE OF REPRESENTATIVES 37

unit developments; authorizing and empowering the board of
county commissioners to modify subdivision regulations for
planned unit developments or condominiums; providing that
this act is a conservation and control act and governs over
conflicting provisions of other special and general acts; pro-
viding for severability; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 143-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rowell-
HB 144-X(68)-A bill to be entitled An act relating to
hyacinth control; appropriating moneys to the Game and
Fresh Water Fish Commission for hyacinth control and eradi-
cation during the 1967-1968 and 1968-1969 fiscal years; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By the Committee, on Judiciary A-
HJR 145-X(68)-A Joint Resolution proposing an amend-
ment to Article XII of the State Constitution; repealing Sec-
tions 9, 12 and 15 as obsolete; repealing Section 11 relating
to composition of school districts.
-was read the first time in full, referred to the Calendar
without reference, and, under Rule 8.16, placed in the Com-
mittee on Rules & Calendar.

By the Committee on Judiciary A-
HJR 146-X(68)-A Joint Resolution proposing an amend-
ment to Article XII of the State Constitution; repealing Sec-
tions 10 and 10A; abolishing school district village elections;
abolishing school trustees.
-was read the first time in full, referred to the Calendar
without reference, and, under Rule 8.16, placed in the, Com-
mittee on Rules & Calendar.

By the Committee on Judiciary A-
HJR 147-X(68)-A Joint Resolution proposing an amend-
ment to Article XII of the state constitution; repealing Sec-
tion 3; adding Section 3A directing the legislature to provide
the organizational structure for supervising the state system
of public education; authorizing terms of board members to
exceed four years.
-was read the first time in full, referred to the Calendar
without reference, and, under Rule 8.16, placed in the Com-
mittee on Rules & Calendar.

By Representative McDonald-
HB 148-X(68)-A bill to be entitled An act relating to Gil-
christ County; amending sections 2 and 3 of chapter 67-985,
Laws of Florida, to authorize an increase in funds to be ex-
pended for additional facilities and alterations to high schools
in said county; providing for an increase in interest costs on
certificates of indebtedness; providing that funds accrued un-
der chapter 67-985, Laws of Florida, shall be expended for
certain purposes; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 148-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Sessums, Spicola, and Savage-

38

By Representative Smith-
HB 150-X(68)-A bill to be entitled An act relating to non-
public schools; amending chapter 247, Florida Statutes, by add-
ing sections 247.011 and 247.021 to authorize the state depart-
ment of education to classify and accredit nonpublic schools in
certain prescribed circumstances; providing an appropriation;
repealing sections 247.01 through 247.20, Florida Statutes, in-
clusive; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

Introduction of HB 151-X(68) was deferred temporarily.

By Representative Reed-
HB 152-X(68)-A bill to be entitled An act relating to labora-
tory schools; providing them state support equivalent to that
provided county school systems; permitting certain payments
to such laboratory schools; permitting other appropriations;
and providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

MESSAGES FROM THE SENATE
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required Constitutional three-
fifths vote of all members elected to the Senate-
By Senator Mathews-
SJR 44-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 18 of Article XII of the Constitution
of Florida; providing for the legislature to set the limit on
the interest rate allowable on bonds issued on behalf of counties
for capital outlay and debt service and other school purposes.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SJR 44-X(68), contained in the above message, was read the
first time in full and referred to the Committees on Judiciary A
and Appropriations.
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-
By Senator Mathews-
SB 45-X(68)-A bill to be entitled An act relating to bonds
issued pursuant to Section 18, Article XII of the State Consti-
tution; providing a maximum interest rate on such bonds;
providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 45-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Appro-
priations.
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

I am directed to inform the House of Representatives that
the Senate has passed-

February 6, 1968

By Senator Mathews and Others-
SB 46-X(68)-A bill to be entitled An act relating to ad
valorem taxation; amending section 192.05, Florida Statutes,
as amended by chapter 67-376, laws of Florida, to provide for
assessment of inventory at fifty per cent (50%) of just valua-
tion in 1968, twenty-five per cent (25%) of just valuation in
1969 and thereafter; defining inventory; authorizing the comp-
troller to promulgate regulations; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 46-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Ad Valorem
Taxation.
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has passed-

By Senator Askew and Others-
SB 51-X(68)-A bill to be entitled An act relating to State
educational agencies; amending section 229.062, Florida Stat-
utes, providing a ceiling on interest allowable on bonds issued
pursuant to section 19, Article XII of the State constitution;
providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 51-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Appro-
priations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 5, 1968

I am directed to inform the House of Representatives that
the Senate has passed as amended by the required Constitu-
tional three-fifths vote of all members elected to the Senate-

By Senator Askew and Others-
SJR 52-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 19 of Article XII of the Consti-
tution of Florida providing for the legislature to set the limit
on the interest rate allowable on bonds issued for capital out-
lay at institutions of higher learning, including junior colleges
and certain vocational-technical schools.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SJR 52-X(68), contained in the above message, was read the
first time in full and referred to the Committees on Judiciary A
and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 5, 1968

I am directed to inform the House of Representatives that
the Senate has adopted-

By Senator de la Parte and Others-
SCR 63-X(68)-A concurrent resolution requesting the Gov-
ernor of the State of Florida to arrange for a study, by the
Secretary of the United States Department of Health, Educa-
tion and Welfare, of state services, facilities and programs for

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOU

juvenile delinquency; designating the Division of Youth Serv-
ices to act as liaison with federal consultants and to prepare
a plan of action for the legislature.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 63-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
February 5, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted-

By Senator Chiles and Others-
SCR 71-X(68)-A concurrent resolution designating the year
1968 as the year of the Friendly Floridian.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 71-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:30 A.M.
to reconvene at 2:00 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:00 P.M.
The following Members were recorded present.

INTRODUCTION AND REFERENCE
By Representatives Schultz, Holloway, and Nichols--
HB 151-X(68)-A bill to be entitled An act relating to the

February 6, 1968

Special Acts of 1961, by redefining said municipality's exist-
ing territorial limits; providing a severability clause; provid-
ing an effective date.
Evidence of notice and publication was
established by the House as to HB 157-X(68).

SE OF REPRESENTATIVES 39

creation and appointment of the Florida Commission on Hu-
man Resources; providing for the use, employment and train-
ing of human resources; providing for the organization, quo-
rum, meetings and the purpose, duties and functions of such
Commission; providing for advisory committees on human re-
sources; and providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Bevis and Tillman-
HCR 153-X(68)-A Concurrent Resolution requesting the
Secretary of State to deliver to the House of Representatives,
House Bill 1106, which was vetoed by the Governor after the
final adjournment of the 1967 regular session of the Florida
Legislature.
Introduction of the concurrent resolution was agreed to by
the required Constitutional two-thirds vote.
-was read the first time, in full and referred to the Com-
mittee on Judiciary A.

By Representative McDonald-
HCR 154-X(68)-A concurrent resolution commending Mrs.
Ruth Rains of Cross City, Florida's Teacher of the Year 1968.
Introduction of the Concurrent resolution was agreed to by
the required Constitutional two-thirds vote.
HCR 154-X(68) was read the first time in full, referred to
the Calendar without reference, and, under Rule 8.16, placed
in the Committee on Rules & Calendar.

By Representatives Poorbaugh, Humphrey, De Young, James,
and Reed-

HB 155-X(68)-A bill to be entitled An act relating to the
county solicitor in counties having a population of not less
than two hundred thousand (200,000) and not more than two
hundred sixty thousand (260,000) according to the latest offi-
cial decennial census; giving the county solicitor in said coun-
ties the authority to practice before the juvenile court; defin-
ing his duties; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives James, De Young, Poorbaugh, Humphrey,
and Reed-
HB 156-X(68)-A bill to be entitled An act establishing a
small claims-magistrate court in each county of the state hav-
ing a population of not less than two hundred thousand (200,-
000) and not more than two hundred sixty thousand (260,-
000) according to the latest official decennial census; provid-
ing for the jurisdiction, powers, process and procedure of
said court; providing for the appointment and election of the
judges and fixing their compensation, duties, and terms of
office; providing for an executive officer, a clerk, and a pro-
secuting attorney; providing quarters for said court and the
furnishing of certain expenses by the county commission; pro-
viding a severability clause; providing for the repeal of
Chapter 67-938; providing an effective date.
-was placed temporarily in the Committee, on Rules & Cal-
endar.

By Representatives Humphrey, De Young, Rust, James,
Poorbaugh, and Reed-
HB 157-X(68)-A bill to be entitled An act relating to the
city of Boynton Beach, Palm Beach county, confirming and
ratifying all annexations to the city of Boynton Beach con-
ducted by said city in accordance with the city charter since
June 1, 1961; amending the charter of the city of Boynton
Beach, Section 6, Article II, Chapter 24398 Special Acts of
1947 as amended by Section 1, Chapter 30588 Special Acts
of 1955, and as amended by Section 1 of Chapter 61-1888

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 6, 1968

-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives De Young, Humphrey, Rust, James,
Poorbaugh, and Reed-
HB 158-X(68)-A bill to be entitled An act empowering
the Correctional Industries Division of the Florida Division of
Corrections to sell its products and services to the City of
Belle Glade, Florida; providing terms and conditions of such
sales; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 158-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Humphrey, De Young, Rust, James,
Poorbaugh, and Reed-
HB 159-X(68)-A bill to be entitled An act relating to the
City of Boynton Beach amending Paragraph (32), Section 7,
Article II of Chapter 24398 Special acts of 1947 as amended
by providing authority for said city to annex contiguous ter-
ritory to its municipal territorial limits by ordinance, pro-
viding for notice, and providing for a referendum when re-
quired by this act, and providing a severability clause; pro-
viding an effective date.
Evidence of notice and publication was
established by the House as to HB 159-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives De Young, Humphrey, Rust, James, Poor-
baugh, and Reed-
HB 160-X(68)-A bill to be entitled An act relating to all
counties in the state having a population of not less than
fifteen thousand nine hundred (15,900) nor more than seven-
teen thousand one hundred (17,100) according to the latest
official decennial census; authorizing and empowering the
board of county commissioners to grant or deny franchises
for garbage collection and disposal in unincorporated areas
of said county; providing for inspection of books, records and
accounts of franchisee, and prescribing the collection of fees
therefore; to adopt rules and regulations for the establish-
ment and operation thereof; providing a method for appli-
cation for such franchise, and prescribing conditions under
which franchise may be issued; providing for the duration of
such franchises, and a method for voiding or terminating
same; providing that no person, firm or corporation may op-
erate garbage disposal business without having first obtained
a franchise; providing that the board of county commissioners
shall approve a schedule of charges, and amendments, prior
to operation by the franchisee; providing a penalty for vio-
lation hereof; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives De Young, Humphrey, Rust, James, Poor-
baugh, and Reed-
HB 161-X(68)-A bill to be entitled An act amending Sub-
section 145.08 (43), Florida Statutes; providing for annual
compensation of Martin county officer; repealing Chapter 65-
936, Laws of Florida; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives De Young, James, Humphrey, Rust, Poor-
baugh, and Reed-
HB 162-X(68)-A bill to be entitled An act to amend Chap-
ter 26106, Laws of Florida, Special Acts of 1949, relating to
the Northwestern Palm Beach County Public Hospital Dis-
trict, Palm Beach County, Florida, by providing the term of

office of any member of the board for a period not to exceed
four years; providing for an expiration date of the members;
providing for the repeal of House Bill 777, Chapter 67-1858;
providing an effective date.

Evidence of notice and publication was
established by the House as to HB 162-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives James, De Young, Rust, Poorbaugh,
Humphrey, and Reed-
HB 163-X(68)-A bill to be entitled An act relating to the
comptroller of the State of Florida and the clerks of Small
Claims-Magistrate Courts in any county having the popula-
tion of not less than two hundred thousand (200,000) nor
more than two hundred sixty thousand (260,000), according
to the latest official decennial census, such sums of money as
are necessary to pay those citizens filling their constitutional
obligation as jurors in the aforementioned courts since Octo-
ber 1, 1967; providing an effective date.
-was placed temporarily in the, Committee on Rules & Cal-
endar.

By Representative Mann-
HB 164-X(68)-A bill to be entitled An act creating a state
board of education composed of three appointed members and
twelve members selected from congressional districts by the
legislature; providing for employment of a commissioner of
education; providing for terms and selection and prescribing
organization, duties, and application of existing law; and pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives James, De Young, Rust, Poorbaugh,
Humphrey, and Reed-
HB 165-X(68)-A bill to be entitled An act relating to jur-
ors and juror lists; amending sections 40.22, 40.29, 40.30, 40.31,
40.32 and 40.33, Florida Statutes, by providing for the selec-
tion and issuance of venire and summons and pay of jurors
for small claims-magistrate courts; providing a severability
clause; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Tucker-
HB 166-X(68)-A bill to be entitled An act relating to pub-
lic printing; amending section 283.19, Florida statutes, to pro-
vide that the legislature shall pay as a legislative expense all
items designated as class "A" printing; providing that the
secretary of state shall be furnished with sufficient persons
to serve as proofreaders for the content of pamphlet laws,
general laws, and special acts; and providing an effective
date retroactive to July 1, 1967; ratifying previous pay-
ments; and authorizing expenditure of revolving fund.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Osborne-
HB 167-X(68)-A bill to be entitled An act relating to edu-
cation amending Section 240.11, Section 240.031, Subsection
(1) of Section 240.042, and Subsection (2) of Section 240.181,
Florida Statutes; to provide that the Board of Regents be a
component board of the Florida Education Commission; To
change the term of office; to otherwise relate the Board of
Regents to the Florida Education Commission; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Higher Education.

By Committee on Judiciary A-
HJR 16-X(68)-A Joint Resolution proposing an amend-
ment to Section 2 of Article XII of the State Constitution to
permit appointment of the superintendent of schools in each

district.
-was read the first time in full, referred to the Calendar

40

without reference, and, under Rule 8.16, placed in the Com-
mittee on Rules & Calendar.

By Committee on Judiciary A-
HJR 169-X(68)-A Joint Resolution proposing an amend-
ment to Article XII of the State Constitution; adding a new
Section 8A to permit the creation of school districts.
-was read the first time in full, referred to the Calendar
without reference, and, under Rule 8.16, placed in the Com-
mittee on Rules & Calendar.
By Representative Smith-
HB 170-X(68)-A bill to be entitled An act relating to edu-
cation; amending section 230.23(4), Florida Statutes, by add-
ing paragraph (m) requiring county boards to develop a com-
prehensive program of staff development and provide for ade-
quate funding; amending section 230.23(10) (j), Florida Stat-
utes, authorizing county boards and state purchasing com-
mission to cooperate; amending section 230.23, Florida Stat-
utes, adding subsection (18), relating to public information;
amending section 230.33(12)(i), Florida Statutes, authorizing
county boards to, study the feasibility of contracting services
with industry; amending section 230.33, Florida Statutes,
adding subsection (23) relating to programs of public infor-
mation and renumbering the present subsection (23) as (24);
requiring the development and operation of pilot programs
utilizing flexible staff organization in elementary and secon-
dary schools; requiring a study of self insurance of public
educational facilities; requiring study and development of ad-
ditional modern management practices and techniques includ-
ing program budgeting at both the state and county levels;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.
By Representative Smith-
HB 171-X(68)-A bill to be entitled An act relating to edu-
cation; textbooks; providing an appropriation; and providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.
By Representative Smith-
HB 172-X(68)--A bill to be entitled An act relating to jun-
ior colleges; amending section 230.0114(2), Florida Statutes;
revising the procedure for providing recalculation funds;
amending section 230.0115(1), Florida Statutes; revising the
procedure for determining units; amending section 230.0117
(2), Florida Statutes; revising the amount for salaries; pro-
viding for salaries beyond the regular term; adding para-
graphs (d) and (e) providing for staff and program develop-
ment and salaries to be used for apportionment purposes only;
amending section 230.0117(4), Florida Statutes; revising the
amount for other current expenses; amending section 230.0117
(8), Florida Statutes; removing the provision for reducing
the allocation from the state funds by the difference between
the amount included in the minimum foundation program for
salaries and the amount actually paid to instructors; provid-
ing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

Report of the Committee on Rules & Calendar
February 6, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Tuesday,
February 6, 1968, the consideration of the following bills to-
gether with their companion measures:
HB 43-X(68)
HB 80-X(68)

HB 81-X(68)
HB 83-X(68)

41

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.
On a point of order by Mr. Land, Chairman of the Commit-
tee on Appropriations, that SB's 51-X(68) and 45-X(68) are
similar or companion measures to HB's 80-X (68) and 83-X (68),
now on the Special Order Calendar, the Senate Bills were
withdrawn from that committee and placed on the Special
Order Calendar.
On motion by Mr. Scarborough, the rules were waived and
the House reverted to the Order of-

Motions Relating to Committee Reference
Mr. Scarborough moved that HJR's 79-X(68) and 82-X(68)
be withdrawn from the Committee on Judiciary A and placed
on the Special Order Calendar, which was not agreed to by
two-thirds vote. The vote was:

CONSIDERATION OF THE SPECIAL ORDER
HB 43-X(68)-A bill to be entitled An act relating to the
police standards council as created by house bill no. 398, chap-
ter 67-230, laws of Florida; providing for educational and
training implementation; providing an additional appropria-
tion therefore.

-was taken up.

On motion by Mr. Dubbin, the rules were waived and HB
43-X(68) was read the second time by title.

Representative Dubbin offered the following amendment:

On page 1, in the Whereas Clause, line 31, following the
word "training" insert "through".

Mr. Dubbin moved the adoption of the amendment which was
adopted.

On motion by Mr. Dubbin, the rules were waived and HB
43-X(68) was read the third time in full and passed, as
amended. The vote was:

Representatives Redman, Reedy, and Spicola were recorded
as voting Yea and Representative Featherstone changed his
vote from Nay to Yea.
By waiver of the rule, the bill was ordered immediately
certified to the Senate, after engrossment.

Reconsideration
Mr. Matthews moved that the House now reconsider the
vote by which HJR's 79-X(68) and 82-X(68) failed to be with-
drawn from the Committee on Judiciary A, which was agreed to.
The question recurred on Mr. Scarborough's motion to with-
draw HJR's 79-X(68) and 82-X(68) from the Committee on
Judiciary A.
Pending consideration thereof-
Mr. Wells, as Chairman of the Committee on Judiciary A,
offered a substitute motion that SJR's 52-X(68) and 44-X(68)
be withdrawn from that committee, being similar or com-
panion measures to HJR's 79-X(68) and 82-X(68), which was
agreed to by two-thirds vote.
On a point of order by Mr. Land, Chairman of the Committee
on Appropriations, that his committee has already considered
the complementary enabling legislation, SJR's 52-X(68) and
44-X(68) were withdrawn from that committee and placed on
the Special Order Calendar.
On motion by Mr. Graham, the rules were waived and the
House agreed to now take up and consider SJR 52-X(68) out of
its regular order and-
SJR 52-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 19 of Article XII of the Consti-
tution of Florida providing for the legislature to set the limit
on the interest rate allowable on bonds issued for capital out-
lay at institutions of higher learning, including junior colleges
and certain vocational-technical schools.
-was read the second time in full.
Representative Scarborough offered the following amend-
ment:
In Section 19, page 2, line 10, strike "such rates as may be
provided by law" and insert the following: five and one-half
per centum per annum
Mr. Scarborough moved the adoption of the amendment.
Pending consideration thereof-
Representative Sessums offered the following amendment to
the amendment:

Strike "five and one-half per centum per annum" and insert
the following: five per centum per annum
Mr. Sessums moved the adoption of the amendment to the
amendment which was adopted.
The vote was:

Representative Chappell was recorded as voting Yea and
Representative Stevens changed his vote from Nay to Yea.
The question recurred on the adoption of the amendment, as
amended, which was adopted.
Representative Ashler offered the following amendment:
On page 1, line 15, after "subsection (b)" insert the follow-
ing: of section 19
Mr. Ashler moved the adoption of the amendment which was
adopted.
On motion by Mr. Graham, the rules were waived and SJR
52-X(68), as amended, was read the third time in full as fol-
lows:
SJR 52-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 19 of Article XII of the Consti-
tution of Florida providing for the legislature to set the limit
on the interest rate allowable on bonds issued for capital outlay
at institutions of higher learning, including junior colleges and
certain vocational-technical schools.
Be It Resolved by the Legislature of the State of Florida:
That subsection (b) of section 19 of Article XII of the Con-
stitution of Florida be amended as set forth below, is agreed
to and that said amendment be submitted to the electors of
Florida for ratification or rejection at the general election to
be held in November 1968:
Section 19. Institutions of higher learning and junior college
capital outlay trust fund; bonds.-
(b) The State Board shall have power, for the purpose of
obtaining funds for acquiring, building, constructing, altering,
improving, enlarging, furnishing or equipping capital outlay
projects theretofore authorized by the legislature and any pur-
poses appurtenant or incidental thereto, for institutions of
higher learning or junior colleges, as now defined or as may
be hereafter defined by law, and for the purpose of construct-
ing buildings and other permanent facilities for vocational-
technical schools as provided in chapter 230, Florida Statutes,
to issue bonds or certificates, including refunding bonds or
certificates to fund or refund any bonds or certificates thereto-
fore issued. All such bonds or certificates shall bear interest at

42

Gissendanner Pratt
Kennelly

not exceeding five per centum per annum and shall mature at
such time or times as the State Board shall determine not
exceeding, in any event, however, thirty years from the date of
issuance thereof. The State Board shall have power to deter-
mine all other details of such bonds or certificates and to sell
at public sale, after public advertisement, such bonds or cer-
tificates, provided, however, that no bonds or certificates shall
ever be issued hereunder to finance, or the proceeds thereof
expended for, any part of the cost of any capital outlay project
unless the construction or acquisition of such capital outlay
project has been theretofore authorized by the Legislature of
Florida. None of said bonds or certificates shall be sold at less
than ninety eight per centum of the par value thereof, plus
accrued interest, and said bonds or certificates shall be awarded
at the public sale thereof to the bidder offering the lowest net
interest cost for such bonds or certificates in the manner to be
determined by the State Board.
The State Board shall also have power to pledge for the
payment of the principal of and interest on such bonds or cer-
tificates and reserves therefore, including refunding bonds or
certificates, all or any part of the revenue to be derived from
the said gross receipts taxes provided for in this amendment,
and to enter into any covenants and other agreements with
the holders of such bonds or certificates concerning the security
thereof and the rights of the holders thereof, all of which
covenants and agreements shall constitute legally binding and
irrevocable contracts with such holders and shall be fully
enforceable by such holders in any court of competent jurisdic-
tion.
No such bonds or certificates shall ever be issued by the
State Board in an amount exceeding seventy-five per centum
of the amount which it determines, based upon the average
annual amount of the revenues derived from said gross re-
ceipts taxes during the immediately preceding two fiscal
years, or the amount of the revenues derived from said gross
receipts taxes during the immediately preceding fiscal year, as
shown in a certificate filed by the State comptroller with the
State Board prior to the issuance of such bonds or certificates,
whichever is the lesser, can be serviced by the revenues accruing
thereafter under the provisions of this amendment; nor shall
the State Board, during the first year following the ratification
of this amendment, issue bonds or certificates in excess of
seven times the anticipated revenue from said gross receipts
taxes during said year, nor during each succeeding year, more
than four times the anticipated revenue from said gross re-
ceipts taxes during such year. No election or approval of
qualified electors or freeholder electors shall be required for
the issuance of bonds or certificates hereunder.

After the initial issuance of any bonds or certificates pur-
suant to this amendment, the State Board may thereafter issue
additional bonds or certificates which will rank equally and
on a parity, as to lien on and source of security for payment
from said gross receipts taxes, with any bonds or certificates
theretofore issued pursuant to this amendment, but such addi-
tional parity bonds or certificates shall not be issued unless
the average annual amount of the revenues derived from said
gross receipts taxes during the immediately preceding two fiscal
years, or the amount of the revenues derived from said gross
receipts taxes during the immediately preceding fiscal year,
as shown in a certificate filed by the State comptroller with the
State Board prior to the issuance of such bonds or certificates,
whichever is the lesser, shall have been equal to one and one-
third times the aggregate amount of principal and interest
which will become due in any succeeding fiscal year on all
bonds or certificates theretofore issued pursuant to this amend-
ment and then outstanding, and the additional parity bonds or
certificates then proposed to be issued. No bonds, certificates
or other obligations whatsoever shall at any time be issued
under the provisions of this amendment, except such bonds or
certificates initially issued hereunder, and such additional
parity bonds or certificates as provided in this paragraph. Not-
withstanding any other provision herein no such bonds or
certificates shall be authorized or validated during any bien-
nium in excess of fifty million dollars, except by two-thirds vote
of the members elected to each house of the legislature; pro-
vided further that during the biennium 1963-1965 seventy-five
million dollars may be authorized and validated pursuant hereto.
Mr. Land suggested the absence of a quorum. A quorum of
107 Members was present.

SJR 52-X(68) passed, as amended, by the required Consti-
tutional three-fifths vote of all Members elected to the House.
The vote was:

Representative Chappell was recorded as voting Nay and
Representative Nichols was recorded as voting Yea.
The joint resolution was ordered engrossed.
Without objection, Mr. Graham withdrew HB 80-X(68) from
the Special Order Calendar and further consideration of the
House.
On motion by Mr. Graham, the rules were waived and the
House agreed to now take up and consider SJR 44-X(68) out
of its regular order and-
SJR 44-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 18 of Article XII of the Consti-
'tution of Florida; providing for the legislature to set the limit
on the interest rate allowable on bonds issued on behalf of
counties for capital outlay and debt service and other school
purposes.
-was read the second time in full.
Representative Scarborough offered the following amendment:
In Section 18(b), page 2, lines 2 and 8, strike "such rates as
may be provided by law" and insert the following: five per
centum per annum.
Mr. Scarborough moved the adoption of the amendment which
was adopted.
Representative Schultz offered the following amendment:
In Section 18(b), on page 2, line 9, after the period add:
None of said bonds or certificates shall be sold at less than
ninety-eight per centum of the par value thereof, plus accrued
interest.
Mr. Schultz moved the adoption of the amendment which
was adopted.
Representative Ashler offered the following amendment:
On page 1, line 11, following the words "That subsection
(b) of" insert the following: section 18 of
Mr. Ashler moved the adoption of the amendment which
was adopted.
On motion by Mr. Graham, the rules were waived and SJR
44-X(68), as amended, was read the third time in full as
follows:
SJR 44-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 18 of Article XII of the Consti-
tution of Florida; providing for the legislature to set the
limit on the interest rate allowable on bonds issued on behalf

February 6, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

44 JOURNAL OF THE HOUSI

of counties for capital outlay and debt service and other school
purposes.
Be It Resolved by the Legislature of the State of Florida:
That subsection (b) of section 18 of Article XII of the Con-
stitution of Florida be amended as set forth below is agreed
to and that said amendment be submitted to the electors of
Florida for ratification or rejection at the general election to
be held in November 1968:
Section 18. School bonds for capital outlay, issuance.-
(b) The state board shall, in addition to its other constitu-
tional and statutory powers, have the management, control and
supervision of the proceeds of the first part of the revenues
derived from the licensing of motor vehicles provided for in
subsection (a). The state board shall also have power, for the
purpose of obtaining funds for the use of any county board of
public instruction in acquiring, building, constructing, altering,
improving, enlarging, furnishing, or equipping capital, outlay
projects for school purposes, to issue bonds or motor vehicle
tax anticipation certificates, and also to issue such bonds or
motor vehicle tax anticipation certificates to pay, fund or re-
fund any bonds or motor vehicle tax anticipation certificates
theretofore issued by said state board. All such bonds shall
bear interest at not exceeding five percentum per annum
and shall mature serially in annual installments commencing
not more than three years from the date of issuance thereof
and ending not later than thirty years from the date
of issuance or January 1, 2000, A. D., whichever is earlier. All
such motor vehicle tax anticipation certificates shall bear in-
terest at not exceeding five per centum per annum and shall
mature prior to January 1, 2000, A. D. None of said bonds or
certificates shall be sold at less than ninety-eight per centum
of the par value thereof, plus accrued interest. The state board
shall have power to determine all other details of said bonds or
motor vehicle tax anticipation certificates and to sell at public
sale after public advertisement, or exchange said bonds or
motor vehicle tax anticipation certificates, upon such terms and
conditions as the state board shall provide.
The state board shall also have power to pledge for the pay-
ment of the principal of and interest on such bonds or motor
vehicle tax anticipation certificates, including refunding bonds
or refunding motor vehicle tax anticipation certificates, all or
any part from the anticipated revenues to be derived from the
licensing of motor vehicles provided for in this amendment and
to enter into any covenants and other agreements with the
holders of such bonds or motor vehicle tax anticipation cer-
tificates at the time of the issuance thereof concerning the
security thereof and the rights of the holders thereof, all of
which covenants and agreements shall constitute legally bind-
ing and irrevocable contracts with such holders and shall be
fully enforceable by such holders in any court of competent
jurisdiction.
No such bonds or motor vehicle tax anticipation certificates
shall ever be issued by the state board until after the adoption
of a resolution requesting the issuance thereof by the county
board of public instruction of the county on behalf of which
such obligations are to be issued. The state board of education
shall limit the amount of such bonds or motor vehicle tax an-
ticipation certificates which can be issued on behalf of any
county to seventy-five per cent of the amount which it deter-
mines can be serviced by the revenue accruing to the county
under the provisions of this amendment, and such determina-
tion shall be conclusive. All such bonds or motor vehicle tax
anticipation certificates shall be issued in the name of the
state board of education but shall be issued for and on behalf
of the county board of public instruction requesting the issu-
ance thereof, and no election or approval of qualified electors or
freeholders shall be required for the issuance thereof.
-and passed, as amended, by the required Constitutional
three-fifths vote of all Members elected to the House. The
vote was:
Yeas-77
Mr. Speaker Brantley Dubbin Graham
Alvarez Briggs Elmore Harris
Andrews Clark Featherstone Hartnett

Representatives Chappell and Papy were recorded as voting
Nay.
The joint resolution was ordered engrossed.

Reconsideration
On motion by Mr. Sweeny, the House reconsidered the vote
by which SJR 44-X(68) passed and the joint resolution was
placed back on third reading.
Representative Schultz offered the following amendment:
In title, line 4, strike "The Legislature to set the" and insert
the following: a
Mr. Sweeny moved the adoption of the amendment which
was adopted.
The question recurred on the passage of SJR 44-X(68), as
further amended, which now reads as follows:
SJR 44-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 18 of Article XII of the Consti-
tution of Florida; providing for a limit on the interest rate
allowable on bonds issued on behalf of counties for capital
outlay and debt service and other school purposes.
Be It Resolved by the Legislature of the State of Florida:
That subsection (b) of section 18 of Article XII of the Con-
stitution of Florida be amended as set forth below is agreed
to and that said amendment be submitted to the electors of
Florida for ratification or rejection at the general election to
be held in November 1968:

Section 18. School bonds for capital outlay, issuance.-
(b) The state board shall, in addition to its other constitu-
tional and statutory powers, have the management, control and
supervision of the proceeds of the first part of the revenues
derived from the licensing of motor vehicles provided for in
subsection (a). The state board shall also have power, for the
purpose of obtaining funds for the use of any county board of
public instruction in acquiring, building, constructing, alter-
ing, improving, enlarging, furnishing, or equipping capital
outlay projects for school purposes, to issue bonds or motor
vehicle tax anticipation certificates, and also to issue such
bonds or motor vehicle tax anticipation certificates to pay, fund
or refund any bonds or motor vehicle tax anticipation certifi-
cates theretofore issued by said state board. All such bonds shall
bear interest at not exceeding five per centum per annum
and shall mature serially in annual installments commencing
not more than three years from the date of issuance thereof
and ending not later than thirty years from the date
of issuance or January 1, 2000, A. D., whichever is earlier. All
such motor vehicle tax anticipation certificates shall bear in-
terest at not exceeding five per centum per annum and shall
mature prior to January 1, 2000, A. D. None of said bonds or
certificates shall be sold at less than ninety-eight per centum
of the par value thereof, plus accrued interest. The state board
shall have power to determine all other details of said bonds
or motor vehicle tax anticipation certificates and to sell at
public sale after public advertisement, or exchange said bonds

JOURNAL OF THE HOUSE OF REPRESENTATIVES

or motor vehicle tax anticipation certificates, upon such terms
and conditions as the state board shall provide.
The state board shall also have power to pledge for the
payment of the principal of and interest on such bonds or motor
vehicle tax anticipation certificates, including refunding bonds
or refunding motor vehicle tax anticipation certificates, all or
any part from the anticipated revenues to be derived from the
licensing of motor vehicles provided for in this amendment and
to enter into any covenants and other agreements with the
holders of such bonds or motor vehicle tax anticipation certifi-
cates at the time of the issuance thereof concerning the se-
curity thereof and the rights of the holders thereof, all of
which covenants and agreements shall constitute legally bind-
ing and irrevocable contracts with such holders and shall be
fully enforceable by such holders in any court of competent
jurisdiction.
No such bonds or motor vehicle tax anticipation certificates
shall ever be issued by the state board until after the adoption
of a resolution requesting the issuance thereof by the county
board of public instruction of the county on behalf of which
such obligations are to be issued. The state board of education
shall limit the amount of such bonds or motor vehicle tax an-
ticipation certificates which can be issued on behalf of any
county to seventy-five per cent of the amount which it deter-
mines can be serviced by the revenue accruing to the county
under the provisions of this amendment, and such determination
shall be conclusive. All such bonds or motor vehicle tax antici-
pation certificates shall be issued in the name of the state board
of education but shall be issued for and on behalf of the county
board of public instruction requesting the issuance thereof, and
no election or approval of qualified electors or freeholders shall
be required for the issuance thereof.
SJR 44-X(68) passed, as further amended, by the required
Constitutional three-fifths vote of all Members elected to the
House. The vote was:
Yeas-72

Reconsideration
On motion by Mr. Sweeny, the House reconsidered the vote
by which SJR 52-X(68) passed and-
SJR 52-X(68)-A joint resolution proposing an amend-
ment to subsection (b) of section 19 of Article XII of the Con-
stitution of Florida providing for the legislature to set the
limit on the interest rate allowable on bonds issued for capi-
tal outlay at institutions of higher learning, including junior
colleges and certain vocational-technical schools.

-was placed back on third reading.

45

Representative Schultz offered the following amendment:
In title, line 6, strike "the legislature to set the" and insert
the following: a
Mr. Sweeny moved the adoption of the amendment which
was adopted.
Mr. Land suggested the absence of a quorum. A quorum of
99 Members was present.
The question recurred on the passage of SJR 52-X(68),
which failed to pass, as further amended, by the required Con-
stitutional three-fifths vote of all Members elected to the
House. The vote was:
Yeas-70

Bassett Ducker King Rust
Blalock Eddy Martinez, J. M. Savage
Brower Fortune, E. M. Nergard Shadley
Campbell Fortune, J. Osborne Shaw
Chappell Gibson Papy Tillman
Crabtree Gorman Pratt Tyre
Crider Grange Prominski
De Young Humphrey Reed
On motion by Mr. Wolfson, the House agreed to reconsider
the vote by which SJR 52-X(68), as further amended, failed
to pass.
A quorum of 98 Members was present.
The question recurred on final passage of SJR 52-X(68),
as further amended, which now reads as follows:
SJR 52-X(68)-A joint resolution proposing an amendment
to subsection (b) of section 19 of Article XII of the Con-
stitution of Florida providing for a limit on the interest
rate allowable on bonds issued for capital outlay at institu-
tions of higher learning, including junior colleges and cer-
tain vocational-technical schools.
Be It Resolved by the Legislature of the State of Florida:
That subsection (b) of section 19 of Article XII of the Con-
stitution of Florida be amended as set forth below, is agreed
to and that said amendment be submitted to the electors of
Florida for ratification or rejection at the general election to
be held in November 1968:
Section 19. Institutions of higher learning and junior col-
lege, capital outlay trust fund; bonds.-
(b) The State Board shall have power, for the purpose of
obtaining funds for acquiring, building, constructing, altering,
improving, enlarging, furnishing or equipping capital outlay
projects theretofore authorized by the legislature and any
purposes appurtenant or incidental thereto, for institutions of
higher learning or junior colleges, as now defined or as may
be hereafter defined by law, and for the purpose, of construct-
ing buildings and other permanent facilities for vocational-
technical schools as provided in chapter 230, Florida Statutes,
to issue bonds or certificates, including refunding bonds or
certificates to fund or refund any bonds or certificates there-
tofore issued. All such bonds or certificates shall bear interest
at not exceeding five per centum per annum and shall ma-
ture at such time or times as the State Board shall determine

February 6, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

February 6, 1968

not exceeding, in any event, however, thirty years from the
date of issuance thereof. The State Board shall have power
to determine all other details of such bonds or certificates
and to sell at public sale, after public advertisement, such
bonds or certificates, provided, however, that no bonds or cer-
tificates shall ever be issued hereunder to finance, or the pro-
ceeds thereof expended for, any part of the cost of any capital
outlay project unless the construction or acquisition of such
capital outlay project has been theretofore authorized by the
Legislature of Florida. None of said bonds or certificates
shall be sold at less than ninety eight per centum of the
par value thereof, plus accrued interest, and said bonds or
certificates shall be awarded at the public sale thereof to the
bidder offering the lowest net interest cost for such bonds or
certificates in the manner to be determined by the State Board.

The State Board shall also have power to pledge for the
payment of the principal of and interest on such bonds or
certificates and reserves therefore, including refunding bonds
or certificates, all or any part of the revenue to be derived
from the said gross receipts taxes provided for in this amend-
ment, and to enter into any covenants and other agreements
with the holders of such bonds or certificates concerning the
security thereof and the rights of the holders thereof, all
of which covenants and agreements shall constitute legally
binding and irrevocable contracts with such holders and shall
be fully enforceable by such holders in any court of compe-
tent jurisdiction.

No such bonds or certificates shall ever be issued by the
State Board in an amount exceeding seventy-five per centum
of the amount which it determines, based upon the average
annual amount of the revenues derived from said gross re-
ceipts taxes during the immediately preceding two fiscal
years, or the amount of the revenues derived from said gross
receipts taxes during the immediately preceding fiscal year,
as shown in a certificate filed by the State comptroller with
the State Board prior to the issuance of such bonds or cer-
tificates, whichever is the lesser, can be serviced by the rev-
enues accruing thereafter under the provisions of this amend-
ment; nor shall the State Board, during the first year follow-
ing the ratification of this amendment, issue bonds or certifi-
cates in excess or seven times the anticipated revenue from
said gross receipts taxes during said year, nor during each
succeeding year, more than four times the anticipated revenue
from said gross receipts taxes during such year. No election
or approval of qualified electors or freeholder electors shall
be, required for the issuance of bonds or certificates hereunder.

After the initial issuance of any bonds or certificates pur-
suant to this amendment, the State Board may thereafter is-
sue additional bonds or certificates which will rank equally
and on a parity, as to lien on and source of security for pay-
ment from said gross receipts taxes, with any bonds or cer-
tificates theretofore issued pursuant to this amendment, but
such additional parity bonds or certificates shall not be issued
unless the average annual amount of the revenues derived
from said gross receipts taxes during the immediately preced-
ing two fiscal years, or the amount of the revenues derived
from said gross receipts taxes during the immediately pre-
ceding fiscal year, as shown in a certificate filed by the State
comptroller with the State Board prior to the issuance of such
bonds or certificates, whichever is the lesser, shall have been
equal to one and one-third times the aggregate amount of
principal and interest which will become due in any succeed-
ing fiscal year on all bonds or certificates theretofore issued
pursuant to this amendment and then outstanding, and the ad-
ditional parity bonds or certificates then proposed to be is-
sued. No bonds, certificates or other obligations whatsoever
shall at any time be issued under the provisions of this amend-
ment, except such bonds or certificates initially issued here-
under, and such additional parity bonds or certificates as pro-
vided in this paragraph. Notwithstanding any other provision
herein no such bonds or certificates shall be authorized or
validated during any biennium in excess of fifty million dol-
lars, except by two-thirds vote of the members elected to each
house, of the legislature; provided further that during the
biennium 1963-1965 seventy-five million dollars may be au-
thorized and validated pursuant hereto.

SJR 52-X(68), as further amended, passed by the required
Constitutional three-fifths vote of all Members elected to the
House. The vote was:

The joint resolution was ordered engrossed.
HB 81-X(68)-A bill to be entitled An act relating to the
state university system under the board of regents; amending
section 243.03, Florida Statutes relating to the issuance of rev-
enue certificates; raising the ceiling on interest rates; provid-
ing an effective date.
-was taken up.
On motion by Mr. Graham, the rules were waived and HB
81-X(68) was read the second time by title.
Representative Sessums offered the following amendment:

In Section 1, on page 1, line 17, strike "six (6)" and insert
the following: five and one-half (51/%)

REPORTS OF STANDING COMMITTEES
The Committee on Higher Education recommends the fol-
lowing pass:
HB 127-X(68)
The bill was referred to the Committee on Appropriations.
The Committee on Ad Valorem Taxation recommends the
following pass:
HB 120-X(68)
The bill was referred to the Committee on Appropriations.
The Committee on Ad Valorem Taxation recommends the
following not pass:
HB 24-X(68) HB 36-X(68)
HB 28-X(68) HB 56-X(68)

47

The bills were, laid on the table under the rule.
The Committee on Appropriations recommends the follow-
ing pass.
HB 86-X(68) HB 78-X(68)
HB 45-X(68) HB 113-X(68)
The bills were placed in the Committee on Rules & Calen-
dar.

ENGROSSING REPORTS
February 6, 1968
Your Engrossing Clerk to whom was referred-
HB 43-X (68)
-with amendment, reports the amendment has been incor-
porated and the bill is herewith returned.
-and the bill was ordered immediately certified to the Sen-
ate.
February 6, 1968
Your Engrossing Clerk to whom was referred-
SJR 52-X(68)
-with amendments, reports the amendments have been ex-
amined and the bill is herewith returned.
-and the bill with amendments, was ordered immediately
certified to the Senate.
February 6, 1968
Your Engrossing Clerk to whom was referred-
HB 81-X(68)
-with amendment, reports the, amendment has been incor-
porated and the bill is herewith returned.
-and the bill was ordered certified to the Senate.
February 6, 1968
Your Engrossing Clerk to whom was referred-
SJR 44-X(68)
-with amendments, reports the amendments have been ex-
amined and the bill is herewith returned.
-and the bill with amendments, was ordered certified to
the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:57 P.M.
to reconvene at 10:00 A.M. tomorrow.

February 6, 1968

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

WEDNESDAY, FEBRUARY 7, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Honorable James L. Redman:
Our Dear Heavenly Father, We thank Thee for a restful
night and for the privilege of being present today. We thank
Thee. for the fellowship we have with Thee as we talk to-
gether in prayer. May we not forget the greatness of Thy
lovingkindness and mercies. We pray for wisdom and patience
as we attempt to solve the educational problems of our state.
Guide our governor, this assembled body, and all those in
public authority. Help us to build a happier and better world.
Help us, we pray Thee, to live such clean and useful lives
that we may reflect honor on both our Heavenly and earthly
parentage. Amen.

The Journal
The Journal of February 6 was ordered corrected and ap-
proved as follows: On page 44, column 1, lines 23 and 24
from top, after the word "exceeding" strike "such rates as
may be provided by law" and insert the following: "five per
centum per annum", and in column 2, lines 12 and 13 from
bottom, after the word "exceeding" strike "such rates as may
be provided by law" and insert the following: "five, per cen-
tum per annum".

Motions Relating to Committee Reference
On motion by Mr. Graham, the rules were waived and HB
81-X(68), which passed the House yesterday, was ordered im-
mediately certified to the Senate.
On the statement by Mr. Smith, Chairman of the Committee
on Public School Education, that HB 42-X(68) does not per-
tain to public school education, the bill was, without objec-
tion, withdrawn from that committee and remains referred
to the Committees on Finance & Taxation and Appropriations.
On motion by Mr. Wells, Chairman of the Committee on
Judiciary A, HJR's 79-X(68) and 82-X(68) were withdrawn
from that committee and indefinitely postponed, the Senate
companion measures, SJR's 52-X(68) and 44-X(68) having
passed the House yesterday.

Communication from the Governor
The Governor advised on February 6, that he had trans-
mitted HCR 2-X(68) to the Office of the Secretary of State.

Co-introducers
Representative Crider was given permission to be recorded
as a co-introducer of HB 78-X(68).
Representatives Reedy and Wolfson were given permission
to be recorded as co-introducers of HB 113-X(68).
Representative Randell was given permission to be recorded
as a co-introducer of HB 144-X(68).

INTRODUCTION AND REFERENCE
By Representatives Harris, Myers, and Featherstone-
HB 173-X(68)-A bill to be entitled An act relating to edu-
cation in the field of vocational-technical and general adult
education; providing a planned program budget submitted to
the state board of vocational education for supplemental
funds; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Harris, Baker, Featherstone, and My-
ers-
HB 174-X(68)-A bill to be entitled An act relating to ex-
ceptional child education; expressing the intent of the legis-
lature in passing this act; making appropriations for scholar-
ships and in-service training for exceptional education person-
nel, for capital outlay for critical facilities and specialized
equipment, for specialized education consultants, and for re-
search; providing an effective date.
-was read the, first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Harris, Featherstone, and Myers-
HB 175-X(68)-A bill to be entitled An act making appro-
priations; providing moneys for provision of vocational re-

JOURNAL OF THE HOU

habilitation services to disabled individuals; specifying cer-
tain conditions of expenditure; authorizing state budget com-
mission to establish certain positions; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Judiciary A and Appropriations.

By Representatives Harris, D'Alemberte, and Featherstone-
HB 176-X(68)--A bill to be entitled An act relating to edu-
cation, providing an appropriation to the state board of edu-
cation for the purpose of funding the deficit between the
amount of employer's share of retirement matching and that
amount of funds provided county boards of public instruction
under the provisions of section 236.075(3), Florida Statutes;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives D'Alemberte and Myers-
HB 177-X(68)-A bill to be entitled An act relating to edu-
cation; amending subsection (3) and paragraph (a) of sub-
section (4) of section 236.074, Florida Statutes, by providing
an additional one hundred dollars ($100.00) in state funds
for each pupil increase in average daily attendance; provid-
ing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives D'Alemberte, Harris, Baker, Featherstone,
and Myers-
HB 178-X(68)-A bill to be entitled An act relating to ex-
ceptional child education; providing for a mandatory com-
prehensive state-wide program; requiring district school
boards to provide instructional programs and related services
for exceptional children; amending sections 228.041(21) and
(22), Florida Statutes, to redefine the terms "exceptional chil-
dren" and special educational services; adding a new subsec-
tion to section 228.13, Florida Statutes, to include exceptional
child education in the required public school program; amend-
ing section 228.14, Florida Statutes, to include exceptional
child programs; amending section 228.16 to include excep-
tional child education in the free public school program; add-
ing a new paragraph to section 230.23(4), Florida Statutes,
to include exceptional children as a part of the established
organization and operation of the schools; amending section
230.23(6) (e), Florida Statutes, to include visual and auditory
examinations as a part of health examinations and treatment;
adding a new paragraph to section 230.33(6), Florida Stat-
utes, to require a county plan for exceptional children to du-
ties and responsibilities of county superintendent; adding a
new subparagraph to section 232.01(1), Florida Statutes, to
permit pre-school education for exceptional children; amend-
ing section 236.06(1), Florida Statutes, providing for physi-
cal and mental exemption; repealing section 228.041(23),
Florida Statutes, concerning certification of teachers, to re-
move repetitious language; repealing sections 232.13(1), Flor-
ida Statutes, concerning reporting of handicapped children to
state superintendent by county school systems; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Mann-
HB 179-X(68)-A bill to be entitled An act relating to high-
er education; stating the intent of the legislature in passing
this act; requiring the obtaining of a certificate of approval
of the state board of education by nonpublic colleges, uni-
versities, and certain other educational institutions, and pro-
viding the procedure therefore; providing certain exceptions
for accredited institutions now in operation; creating a high-
er educational standards council; providing for its appoint-
ment and duties, providing for its promulgation of regula-

tions and prescribing duties of the state board of education
as to the administration of this act; providing for hearings
and appeals of institutions denied a certificate of approval
or whose certificates have been revoked; prescribing certain
duties of the attorney general; providing a penalty for vio-

February 7, 1968

By Representatives Rust and Featherstone-
HB 186-X(68)-A bill to be entitled An act amending sec-
tion 321.19, F. S., authorizing service credit to members of

ISE OF REPRESENTATIVES 49

lations; providing an effective date of this act; and stating
how this act may be cited.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

By Representatives Register, Spicola, Redman, E. L. Marti-
nez, Hodes, Danahy, Sessums, Mann, Stevens, Middlemas,
Ryals, and Culbreath-
HB 180-X(68)-A bill to be entitled An act relating to in-
stitutions of higher learning; providing an appropriation for
the purpose of planning the medical and nursing school au-
thorized at the University of South Florida; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Higher Education and Appropriations.

By Representatives Bassett, Davis, Caldwell, Ducker, and
Reed-
HB 181-X(68)-A bill to be entitled An act relating to state
attorneys, assignment of assistants; amending chapter 27,
Florida Statutes, by adding new section 27.141; authorizing
the assignment of assistant state attorneys to any circuit of
the state; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Gallen and Pratt-
HB 182-X(68)-A bill to be entitled An act relating to the
entering of contracts in all counties of the state having a pop-
ulation of not less than sixty-nine thousand (69,000) and not
more than seventy thousand (70,000), according to the latest
official decennial census, with any person or legal entity, for
the purpose of providing sanitary land fills, or any other
means or method of disposing of garbage, trash, and refuse
in a sanitary manner for the protection of the health, safety
and welfare of its citizens.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Gallen, Tillman, Crabtree, Pratt, Ran-
dell, and Walker-
HB 183-X(68)-A bill to be entitled An act relating to and
providing for an assistant state attorney for each judicial cir-
cuit embracing eight or more counties, in addition to those
now provided for by law; providing for the appointment,
tenure, powers, duties, salary and travel expenses of such ad-
ditional assistant state attorney; and prescribing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Myers and Featherstone-
HB 184-X(68)-A bill to be entitled An act relating to re-
tirement system for school teachers; amending Section 238.01
(15), Florida Statutes, providing that the average final com-
pensation means the average annual earnable compensation of
a member for five years prior to retirement; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Myers and Featherstone-
HB 185-X(68)-A bill to be entitled An act relating to
teachers' retirement; amending Section 238.07 (15A)(a), Flor-
ida Statutes, increasing monthly service retirement allowance;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

50

the highway patrol retirement system for prior service with
the department of public safety; providing for the payment
of such prior service credit; providing an effective date.
-was placed temporarily in. the Committee on Rules & Cal-
endar.

By Representatives Bird, J. M. Martinez, King, Gustafson,
and Eddy-
HB 188-X(68)-A bill to be entitled An act relating to
Broward County; amending section 3 of chapter 67-969, Laws
of Florida, relating to the definition of office income to cer-
tain county officers in certain counties, to remove Broward
County therefrom; providing a retroactive effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Craig-
HB 189-X(68)-A bill to be entitled' An act to enlarge the
territorial limits and area of the Town of Marineland, Florida.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Redman, Ryals, Danahy, Hodes, E. L.
Martinez, Register, Sessums, Mann, Stevens, and Culbreath-
HB 190-X(68)-A bill to be entitled An act relating to
circuit judges in each judicial circuit of the state embracing
two (2) or more counties among which is one (1) county hav-
ing a population of four hundred fifty thousand (450,000)
or more according to the latest official decennial census
and not having home rule under the Constitution; repealing
chapter 67-962, Laws of Florida, providing for supplementary
compensation for each of the circuit judges in said judicial
circuit; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Hartnett-
HB 191-X(68)-A bill to be entitled An act relating to reg-
ulation of traffic on highways; amending paragraph (1)(a)
of section 317.692, Florida Statutes; exempting certain vehi-
cles from the requirements of this section; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary A.

By Representative King-
HB 192-X(68)-A bill to be entitled An act relating to the
Construction Industry Licensing Board: amending section
468.105(1) (a), Florida Statutes, to extend to two hundred
forty (240) days the period within which persons contract-
ing within the state must register with the board; providing
an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 7, 1968

I am directed to inform the House of Representatives that
the Senate has passed as amended-

February 7, 1968

By Committee on Education-Public Schools and Junior Col-
leges-
SB 67-X(68)-A bill to be entitled An act relating to edu-
cation; amending sections 230.05 and 230.08, Florida Statutes,
to provide for non-partisan election of school board mem-
bers; setting a term for such elections; providing for compen-
sation and expenses of school board members; repealing sub-
section (3) of section 100.041 and section 230.10, Florida
Statutes; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 67-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
February 7, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-
By Committee on Education-Public Schools and Junior Col-
leges-
SB 69-X(68)--A bill to be entitled An act relating to junior
colleges; establishing local junior college districts; providing
for the establishment, organization, powers, and duties of jun-
ior college district boards of trustees, transferring property,
assets, and obligations of each junior college from the board of
public instruction to the board of trustees; amending section
228.041(1)(a), (2), and (6); adding section 228.041(1)(b) and
(26) repealing section 228.14(3); amending sections 228.16,
230.0101, 230.0102, 230.0103, 230.0109, 230.0111, 230.0112, 230.-
0113, 230.0114, 230.0117, 230.0118, 230.0119; repealing section
230.0106, Florida Statutes; establishing legislative intent; pro-
viding an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 69-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
On point of order by Mr. Land, Chairman of the Committee
on Appropriations, that SB 69-X(68) and its companion HB
85-X(68) do not affect appropriations, the bills were withdrawn
from that committee and remain referred to the Committee on
Public School Education.

WHEREAS, Mrs. Ruth Rains of Dixie County High School
has been a teacher in the public schools of Florida for more
than 23 years, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HC

WHEREAS, Mrs. Rains commuted 100 miles round-trip
nightly while teaching full time to earn a Bachelor of Educa-
tion degree, with high honors, from the University of Florida,
and
WHEREAS, in addition to her teaching duties at Dixie
County High School, where five of her former students now
teach with her, Mrs. Rains also has acted as senior class spon-
sor for the past six years, and
WHEREAS, Mrs. Rains has been a leader in religious and
community affairs and has inspired many by her leadership
ability, and
WHEREAS, Mrs. Rains has taught the same high ideals
which have formed the foundation stone of her life, and
WHEREAS, Mrs. Rains was chosen unanimously by her
fellow teachers in 1967 as Dixie County's most outstanding
teacher, and
WHEREAS, Mrs. Rains has been selected as Florida Teacher
of the Year 1968, and
WHEREAS, Mrs. Rains is one of the five finalists for na-
tional Teacher of the Year honors in an awards program spon-
sored by the Council of Chief State School Officers and Look
Magazine, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
That the Legislature of the State of Florida hereby com-
mends Mrs. Ruth Rains for her long and faithful service to
education and to the children of Florida and officially extends
its appreciation for her effective and productive leadership as
a teacher and for her exemplary conduct as a citizen of this
state.
-was taken up and read the second time in full.
On motion by Mr. McDonald, HCR 154-X(68) was adopted
and ordered immediately certified to the Senate.
On motion by Mr. McDonald, the Speaker appointed Repre-
sentatives McDonald, Smith, and Ashler as a committee to
escort Mrs. Rains to the rostrum where she was presented to
the House. Members of her family were recognized.

REPORTS OF STANDING COMMITTEES
The Committee on Public School Education recommends the
following not pass:
HB 6-X (68) HB 23-X(68)
The bills were laid on the table under the rule.
The Committee on Public School Education recommends the
following pass:
HB 57-X(68) with amendments HB 44-X (68)

February 7, 1968

)USE OF REPRESENTATIVES 51

HB 57-X (68) was placed in the Committee on Rules & Cal-
endar.
HB 44-X (68) was referred to the Committee on Appropria-
tions.
The Committee on Higher Education recommends the follow-
ing not pass:
HB 41-X (68)
The bill was laid on the table under the rule.
The Committee on Higher Education recommends the follow-
ing not pass:
HB 14-X(68)
The bill was laid on the table under the rule.
The Committee on Higher Education recommends the follow-
ing pass:
HB 94-X (68), with amendments HB 152-X (68)
The bills were referred to the Committee on Appropriations.
The Committee on Public School Education recommends the
following not pass:
HB 20-X (68)
The bill was laid on the table under the rule.
The Committee on Public School Education recommends a
committee substitute for the following:
HB 85-X (68) with amendments
The bill with committee substitute was placed in the Com-
mittee on Rules & Calendar.
The Committee on Appropriations recommends the following
pass:
HB 66-X(68)
HB 67-X(68) with amendment
HB 44-X(68)
HB 127-X(68) with amendments
HB 33-X (68) with amendment
The bills were placed in the Committee on Rules & Calendar.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:40 A.M.
to reconvene at 10:00 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

Prayer
Prayer by the Honorable Leon N. McDonald, Sr.:
Our Father, as we approach Thy throne of grace this
morning, we do so with humble hearts, thanking Thee for
the night's rest and the freshness of this day. Our Father,
as we begin our heavy workload for this day, we pray,
Father, that you will be ever near to us and give us divine
wisdom that the things that we do here today will be
pleasing and acceptable in Thy sight. Bless each Member
of this body and bless the Members of the Senate. May
Thy spirit be with us as we go forward and we will be
careful to give Thee all the praise. For we ask these
things in Thy most precious name. Amen.

The Journal
The Journal of February 7 was ordered corrected and ap-
proved as follows: On page 48, column 1, insert "De Young"
in the quorum roll call.

Motions Relating to Committee Reference
On point of order by Mr. Land, Chairman of the Committee
on Appropriations, that HB 152-X(68) does not affect appro-
priations, the bill was withdrawn from that committee and,

under Rule 8.16, placed in the Committee on Rules & Calendar.
On a point of order by Mr. Smith, Chairman of the Com-
mittee on Public School Education, that SB 69-X(68) is a
similar or companion measure to HB 85-X(68), which has
already been considered by the committee, the Senate bill was
withdrawn from that committee and, under Rule 8.16, placed
in the Committee on Rules & Calendar.

Co-introducers
Representative Mixson was given permission to be recorded
as a co-introducer of HB 66-X(68) and HB 67-X(68).
Representative King was given permission to be recorded
as a co-introducer of HM 118-X(68).
Representative Robinson was given permission to be re-
corded as a co-introducer of HB 136-X(68).
Representatives Arnold, Brantley, Scarborough, Alvarez,
Grange, Stallings, and Nichols were given permission to be re-
corded as co-introducers of HB 78-X(68).

INTRODUCTION AND REFERENCE
By Representative Eddy-
HB 193-X(68)-A bill to be entitled An act to amend Chapter
29446, Special Acts of 1953 (said Chapter 29446 being the Act
creating the City of Plantation, Broward County, Florida), as
amended, the present Amendment relating to and having as its
purpose the addition to, consolidation, establishment, confirma-
tion and definite delineation of the present boundaries of the
City of Plantation, Broward County, Florida, and to de-annex
certain described lands from the City of Plantation.
Evidence of notice and publication was
established by the House as to HB 193-X(68).
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Hodes (by request) and Randell-
HB 194-X(68)-A bill to be entitled An act relating to the
Probation and Parole Commission; amending chapter 947,
Florida Statutes, by adding section 947.081 to authorize estab-
lishment of a department of community services to stimulate
community programs relating to persons released under pro-
bation, parole or mandatory release; making an appropriation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Public School Education and Appropriations.

By Representatives Gallen and Spicola-
HB 195-X(68)-A bill to be entitled An act relating to the
issuance of revenue bonds of all agencies of the state of Flor-
ida; providing for and establishing an agency of the state of
Florida to be known as the Florida revenue bond commission;
providing for the membership thereof; providing powers and
duties of said commission, including the power to exercise all
"powers and authority for the authorization and issuance of
revenue bonds now or hereafter provided by law for any other
agency of the state of Florida; providing an effective date.

52

-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Blalock-
HB 196-X(68)-A bill to be entitled An act relating to the
attorney general requiring that the attorney general represent
all state agencies, boards, commissions and authorities in bond
validation proceedings; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Blalock-
HB 197-X(68)-A bill to be entitled An act relating to re-
tired justices or judges assigned to active judicial service,
amending Section 25.073, Florida Statutes, to provide that all
retired justices or judges, except municipal court judges, shall
receive additional compensation when assigned to active judi-
cial service, and to provide the formula to be used in computing
the additional compensation of such justices or judges, and
requiring that such compensation and necessary travel expense
shall be paid by the state; and providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representative Blalock-
HB 198-X(68)-A bill to be entitled An act fixing the salary
of the executive secretary in the office of state attorney in each
judicial circuit of the state of Florida embracing and including
two (2) or more counties in which is one (1) county having a
population of four hundred fifty thousand (450,000) or more
inhabitants according to the latest official state-wide decennial
census; and providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Blalock-
HB 199-X(68)-A bill to be entitled An act relating to dis-
tributors of alcoholic beverages and the sale of excise tax
stamps by the Director of the State Beverage Department to
such distributors; amending subsection (1) of section 561.47,
Florida Statutes; providing for the repeal of the discount in
the price paid for such stamps by said distributors; providing
that the price for such stamps shall be one dollar for each
dollar's worth of stamps purchased; providing for an effective
date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Judiciary A.

By Representative Pettigrew-
HB 200-X(68)-A bill to be entitled An act relating to the
Florida Probation and Parole Commission; repealing Chapters
19245 and 19248, acts of 1939; Chapters 22661 and 22807, acts
of 1945; Chapter 65-982, acts of 1965 and all other special or
local laws that may be in conflict with the General Law relating
to probation and parole or the said commission; providing an
effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Tucker-
HB 201-X(68)-A bill to be entitled An act relating to tax-
ation; providing for the imposition, collection and disposition
of an excise tax upon all bottled soft drinks and syrups
when sold or distributed in this state; providing for regula-
tion and administration by the State Revenue Commission;
providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Stallings and Kennelly--

HB 202-X(68)-A bill to be entitled An act repealing Sec-
tion 236.30, Florida Statutes, relating to sources and uses
of district current school fund; repealing Section 236.31,
Florida Statutes, relating to biennial school millage elections;

53

repealing Section 236.32, Florida Statutes, relating to the
procedure for handling and conducting school district elec-
tions; repealing Section 236.33, Florida Statutes, relating to
certification by county commissioners of school tax millages;
repealing Section 236.34, Florida Statutes, relating to ac-
counting for and disbursement of district current school
funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Sessums-
HB 203-X(68)-A bill to be entitled An act relating to the
Railroad Assessment Board; providing a supplemental appro-
priation for the remainder of the biennium; providing an ef-
fective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Sessums-
HB 204-X(68)-A bill to be entitled An act relating to
comptroller's office; providing an appropriation for operation
of the assessment standards division; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Mann (By request)-
HB 205-X(68)-A bill to be entitled An act relating to edu-
cational television; amending section 229.131(3), Florida Stat-
utes, making State Board of Education sole educational tele-
vision authority for the state; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Rust-
HB 206-X(68)-A bill to be entitled An act relating to the
highway patrol; appropriating funds to the same to be used
to increase the salaries of all personnel; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Prominski and King-
HB 207-X(68)-A bill to be entitled An act to add one
judge to the bench of the Court of Record, in and for Broward
County, Florida.
Evidence of notice and publication was
established by the House as to HB 207-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Wolfson and Robinson-
HB 208-X(68)-A bill to be entitled An act relating to tax-
ation, education and conservation of natural resources; im-
posing an excise tax on the severance of timber and solid min-
erals; authorizing a credit up to one hundred per cent
(100%) of the cost of restoring the site of the severance, but
not exceeding the amount of tax collected on the resources
severed from the site; providing for the administration of
such tax and credits by the board of conservation and the
comptroller; providing effective dates.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Miers-
HCR 210-X(68)-A concurrent resolution proclaiming the
8th day of February, 1968, to be Kim Hammond and Ron
Sellers Day.
-was placed temporarily in the Committee on Rules & Cal-
endar.

MESSAGES FROM THE SENATE
February 7, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-
By Senator Haverfield and Others-
SB 28-X(68)-A bill to be entitled An act relating to insti-
tutions of higher learning; providing for the establishment of
a degree granting institution in Dade County; making an ap-
propriation; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 28-X(68), contained in the above message, was read the
first time by title and referred to the Calendar without refer-
ence, being a companion or similar measure to a House bill,
which is now on the, Calendar, and under Rule 8.16, placed
in the Committee on Rules & Calendar.
February 7, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Mathews and others--
SB 29-X(68)-A bill to be entitled An act relating to in-
stitutions of higher learning; providing for the establish-
ment of a degree granting institution in Duval County; mak-
ing an appropriation; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 29-X(68), contained in the above message, was read the
first time by title and referred to the Calendar without refer-
ence, being a companion or similar measure to a House bill,
which is now on the Calendar, and under Rule 8.16, placed in
the Committee on Rules & Calendar.
February 7, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Thomas and Others--

SB 42-X(68)-A bill to be entitled An act relating to the
institute of food and agricultural sciences of the University
of Florida; providing additional moneys for the annual period
beginning July 1, 1968, to pay for operations of said insti-
tute; making an appropriation; providing an effective date.

February 8, 1968

-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 42-X(68), contained in the above message, was read the
first time by title and referred to the Calendar without refer-
ence, being a companion or similar measure to a House bill,
which is now on the Calendar, and under Rule 8.16, placed
in the Committee on Rules & Calendar.

The Honorable Ralph D. Turlington
Speaker, House of Represetativcs
Sir:

February 8, 1968

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration
by the required Constitutional two-thirds vote and passed-
By Senator Mathews-
SB 55-X(68)-A bill to be entitled An act relating to pub-
lic printing; amending section 283.19, Florida Statutes, to pro-
vide that the legislature shall pay as a legislative expense all
items designated as class "A" printing; providing that the
secretary of state shall be furnished with sufficient persons to
serve as proofreaders for the content of pamphlet laws, gen-
eral laws, and special acts; and providing an effective date
retroactive to July 1, 1967; ratifying previous payments; and
authorizing expenditure of revolving fund.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 55-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
February 7, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted-
By Senator Fisher and Others-
SCR 104-X(68)-A resolution commemorating the heroic
action of Raymond Hathaway of Jacksonville, Florida.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 104-X(68), contained in the above, message, was placed
temporarily in the Committee on Rules & Calendar.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 7, 1968

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration
by the required Constitutional two-thirds vote and adopted-
HCR 154-X (68)
Respectfully,
Edwin G. Fraser
Secretary of the Senate
HCR 154-X(68), contained in the above message, was or-
dered enrolled.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 8, 1968

I am directed to inform the House of Representatives that
the Senate, has concurred in House amendments to-
SB 44-X(68) SB 52-X (68)
Respectfully,
Edwin G. Fraser
Secretary of the Senate

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Recess
On motion by Mr. Rowell, the House stood in informal re-
cess at 10:20 A.M.

Reconvened
The House was called to order by the Speaker at 10:48 A.M.
A quorum was present.

REPORT OF STANDING COMMITTEES
The Committee on Rules & Calendar recommends the fol-
lowing pass:
HB 152-X(68) with amendments
The bill was placed on the calendar.

Report of the Committee on Rules & Calendar

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 8, 1968

Your Committee on Rules & Calendar herewith submits,
as the Special Order Calendar under Rule 8.16 for the morn-
ing session on Thursday, February 8, 1968, the consideration
of the following bills together with their companion meas-
ures:
HB 152-X(68) HB 78-X(68)
CS HB 85-X(68) HJR 168-X(68)
HB 86-X(68) HJR 169-X(68)
HB 113-X(68) HJR 146-X(68)
HB 45-X(68)
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
HB 152-X(68)-A bill to be entitled An act relating to labora-
tory schools; providing them state support equivalent to that
provided county school systems; permitting certain payments
to such laboratory schools; permitting other appropriations;
and providing an effective date.
-was taken up.
On motion by Mr. Reed, the rules were waived and HB
152-X(68) was read the second time by title.
The Committee on Rules & Calendar offered the following
amendment:
In Section 1, on page 1, lines 11 through 16, strike "The
state shall provide by direct subsidy to each state university
which operates a laboratory school as a part of its teacher
preparation program the same fiscal support from state funds
per pupil as is computed for the county in which the state uni-
versity is located." and insert the following: The state shall
pay directly to each state university which operates a labora-
tory school as a part of its teacher preparation program all
state funds per pupil as is computed for the county in which
the university is located, and such payments made directly to
the university are in lieu of payments of state funds to the
county board of public instruction for the operation of said
school.
Mr. Reed moved the adoption of the amendment which was
adopted.
The Committee on Rules & Calendar offered the following
amendment:

55

Strike the title and insert the following: An Act relating to
laboratory schools; providing for direct payment of state funds
to universities in lieu of payment to counties; permitting cer-
tain payments to such laboratory schools; permitting other
appropriations; and providing an effective date.
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and HB
152-X(68) was read the third time in full and passed, as
amended. The vote was:

Representatives Mattox, Middlemas, Nichols, and Rust were
recorded as voting Yea.
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
HB 85-X(68) was taken up, together with:
CS for HB 85-X(68)-A bill to be entitled An act relating
to junior colleges; establishing local junior college districts;
providing for the establishment, organization, powers, and
duties of junior college district boards of trustees, transferring
property, assets, and obligations of each junior college from
the board of public instruction to the board of trustees; amend-
ing section 228.041(1)(a), (2), and (6); adding section 228.041
(1)(b) and (26) repealing section 228.14(3); amending sec-
tions 228.16, 230.0101, 230.0102, 230.0103, 230.0109, 230.0111,
230.0112, 230.0113, 230.0114, 230.0117, 230.0118, 230.0119; re-
pealing section 230.0106, Florida Statutes; establishing legis-
lative intent; providing an effective date.
-which was read the first time by title.
On motion by Mr. Ashler, CS for HB 85-X(68) was substi-
tuted for HB 85-X(68), and HB 85-X(68) was laid on the table.
On motion by Mr. Ashler, the rules were waived and CS for
HB 85-X(68) was read the second time by title.
The Committee on Public School Education offered the fol-
lowing amendment:
In Section 15, on page 12, line 20, before the word "and",
insert: ", subsection (5)" and following line 30, insert the
following: (5) DETERMINING THE AMOUNT TO BE IN-
CLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.-
The amount included in the junior college minimum foundation
program for capital outlay and debt service shall be as deter-
mined and provided in Section 18, Art. XII of the state consti-
tution and state board of education regulations [pertaining
thereto]. This amount less any amount determined as necessary
for administrative expense by the state board and any amount
necessary for debt service on bonds issued by the state board
shall be transmitted to the county board of public instruction
of the county of location and the said board shall transfer such
capital outlay and debt service funds to the junior college dis-

February 8, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

February 8, 1968

trict board of trustees to be expended in accordance with regu-
lations of the state board.

Mr. Ashler moved the adoption of the amendment which was
adopted.

The Committee on Public School Education offered the fol-
lowing amendment:

On page 14, line 12, before Section 18 insert new Section 18
and renumber subsequent sections as follows: Section 18. All
local or special acts presently in force which provide benefits
for a junior college through a county board of public instruction
shall continue in full force and effect and such benefits shall
be transmitted to the junior college district board of trustees.

Representative Randell changed his vote from Yea to Nay.
Representative McNulty offered the following amendment:
In Section 11, on page 10, line 5, strike all of the following:
"(2) COUNTY SUPPORT OF JUNIOR COLLEGES.-" etc.
down to and including line 23.
Mr. McNulty moved the adoption of the amendment which
was adopted. The vote was:

Representative Tyre changed his vote from Yea to Nay
and Representative Brower changed his vote from Nay to Yea.
On motion by Mr. Ashler, the rules were waived and SB
69-X(68) was read the third time in full.
Representative McNulty offered the following amendment:
In the title, insert following the semi-colon "deleting re-
quired county financial support"

Mr. McNulty moved the adoption of the
was adopted,
The question recurred on the passage
which passed, as amended. The vote was:
Yeas-66

present, he would have voted Yea, and I would have voted
Nay on the final passage of SB 69-X(68).
Representative John J. Savage
The bill was ordered engrossed.
Under Rule 7.11, CS for HB 85-X (68) was laid on the table.
HB 86-X(68)--A bill to be entitled An act relating to the
institute of food and agricultural sciences of the University
of Florida; providing additional moneys for the annual period
beginning July 1, 1968, to pay for operations of said institute;
making an appropriation; providing an effective date.
-was taken up.
On motion by Mr. Elmore, the rules were waived and HB
86-X(68) was read the second time by title.
Representative Redman offered the, following amendment:
In Section 1, on page 1, line 26, after the word "the" insert
the following: board of regents for the
Mr. Redman moved the adoption of the amendment which
was adopted.
On motion by Mr. Redman, the rules were waived and
SB 42-X(68), a companion measure on the Calendar, was sub-
stituted for HB 86-X(68).
SB 42-X(68)-A bill to be entitled An act relating to the
institute of food and agricultural sciences of the University of
Florida; providing additional moneys for the annual period
beginning July 1, 1968, to pay for operations of said institute;
making an appropriation; providing an effective date.
On motions by Mr. Redman, the rules were waived and SB
42-X(68) was read the second time by title, the third time in
full and passed, title as stated. The vote was:

Representative Harris was recorded as voting Yea and
Representative Gibson changed his vote from Nay to Yea.

PAIR VOTE
I am paired with Representative Yarborough. If he were
present, he would have voted Yea, and I would have voted
Nay on the final passage of SB 42-X(68).
Representative Joseph G. Kennelly, Jr.
The bill was ordered certified to the Senate.
Under Rule 7.11, HB 86-X(68) was laid on the table.
HB 113-X(68)-A bill to be entitled An act relating to the

57

Division of Corrections; appropriating funds to the division
for phasing out eleven (11) wooden prisons; providing funds
for the Sumter Correctional Institution, the reception and
medical center, and the community services program; provid-
ing an effective date.
-was taken up.
On motions by Mr. McDonald, the rules were waived and
HB 113-X(68) was read the second time by title, the third
time in full and passed, title as stated. The vote was:

By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate.
At the request of Representative Tyre and without objec-
tion, the following communication was ordered spread upon
the journal:

January 30, 1968
The Honorable Ralph C. Tyre
Representative-17 District
Dear Ralph:
As State Fire Marshal, I deem it my responsibility to offi-
cially bring to your attention the present status of the eleven
wooden road prisons operated by the, Division of Corrections
for the Florida State Road Department.
Immediately following the tragedy of the Jay Road Prison
burning, which took the lives of thirty-eight persons, my office
as State Fire Marshal had all road prisons surveyed so there
would not be a recurrence of this unfortunate catastrophe.
Based on those inspections the following major recommen-
dations have been completed, with exception of a few facili-
ties where fire resistant paint still is being applied.

While, this work at the several road prisons has rendered
them reasonably safe, they still are frame structures capable
of burning in the same manner as frame houses throughout
the state. While I feel that the road prisons can be classified
as safe for the purpose of providing sufficient time for evacu-
ation of prisoners, nevertheless their use must be' discontinued
if Florida is to have a first-class prison system.

February 8, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 8, 1968

Misunderstanding exists as to the authority of the State
Fire Marshal to close the wooden road prisons. I do notl have
the authority to completely condemn these buildings and thus
release prisoners. Prisoner release is within the prerogative
of the State, Pardon Board, the Parole Commission, or in cer-
tain circumstances the sentencing Court.
We asked the last session of the Legislature to give the
Fire Marshal additional authority in connection with public
buildings. It did so in so far as schools are concerned. The
Legislature did not give the Fire Marshal authority to tell the
Governor and the Cabinet to move out of the State Capi-
tol, one of the greatest fire hazards in the state of Florida,
nor did it give expressed authority to condemn public or pri-
vate buildings.
Unquestionably an emergency exists requiring Legislative
attention. This special session will face many requests for
funds to meet many so called emergencies. However, the ne-
cessity for removing some 550 inmates from these eleven road
prisons to the Sumter Correctional Institution and other pris-
on facilities is an emergency involving the preservation of
human life, the most important factor of all.
Legislative approval of a road prison phase-out program
is mandatory because funds for road prison operation now
come entirely from gas tax funds of the State Road Depart-
ment. If prisoners are removed from the eleven wooden road
prisons and are not able to perform highway maintenance
work, then gas tax funds cannot be expended for housing
and maintenance of those prisoners in other prison facilities.
The Division of Corrections has developed a phase-out pro-
gram costing in excess of $1 million, which will also place in
operation the much publicized unused Sumter Correctional
facility and the inoperative classification and reception cen-
ter at Lake Butler.
As State Fire Marshal I respectfully urge that your State
Institutions Committee seek legislation which will provide
sufficient funds to close the, eleven wooden road prisons,
eliminating this threat to human life.
Sincerely,
BROWARD WILLIAMS
State Treasurer and
Fire Marshal
cc: The Honorable Leon N. McDonald, Sr.
Chairman, Subcommittee on Institutions

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:12
P.M. to reconvene at 1:30 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 1:30 P.M.
The following Members were recorded present:

A quorum was present.
On motion by Mr. Ashler, the rules were waived and SB
69-X(68), which passed the House this morning, was or-
dered immediately certified to the Senate, after engrossment.

Committee of the Whole House
Mr. Wells moved that the House now resolve itself into the
Committee of the Whole House for the consideration of HJR
146-X(68), with the Honorable E. C. Rowell to preside as
Chairman, which was agreed to. The vote was:

Reconvened
The House was called to order by the Speaker at 2:53 P.M.
A quorum was present.

REPORTS OF STANDING COMMITTEES
The Committee on Ad Valorem Taxation recommends the
following pass:
SB 46-X (68)
The bill was placed in the Committee on Rules & Calendar.

ENGROSSING REPORTS
February 8, 1968
Your Engrossing Clerk to whom was referred-
HB 152-X(68)
-with amendments, reports the amendments have been in-
corporated and the bill is herewith returned.
-and the bill was ordered immediately certified to the Sen-
ate.
February 8, 1968
Your Engrossing Clerk to whom was referred-
SB 69-X(68)
-with amendments, reports the amendments have, been ex-
amined and the bill is herewith returned.
-and the bill with amendments, was ordered immediately
certified to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 2:56 P.M.
to reconvene at 10:00 A.M. tomorrow.

58

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

FRIDAY, FEBRUARY 9, 1968

The House was called to order by Mr. Rowell at 10:00 A.M.
The following Members were recorded present:

Prayer
Prayer by the Honorable L. S. Campbell:
Our Father, as we pause in this moment of quietness,
each of us are mindful of the turmoil and confusion all
about us. May each of us realize it is not within the pro-
vince of man alone to solve the complex problems of our
day. Let us look up to Thee, Oh God, as our only avenue
of escape from our many errors and shortcomings. May
each one of us examine our hearts and minds and resolve,
here and now, to listen to that still small voice which will
always be a path for our guidance and a lamp for our feet.
These blessings we ask in Thy name and for Thy sake.
Amen.

The Journal
The Journal of February 8 was ordered corrected and ap-
proved as follows: On page 57, column 1, in the Yea votes on
the roll call vote on SB 42-X(68), insert "Pfeiffer" and delete
"Prominski".

Motions Relating to Committee Reference
On motion by Mr. Sweeny, Chairman of Finance & Taxation,
the committee was granted an additional seven days for the

Record Vote
Representative Chappell was recorded as voting Yea on the
passage of SB's 42-X(68) and 69-X(68), and HB 113-X(68),
which passed the House yesterday.

Co-introducers
Representatives Crider and Brantley were given permission
to be recorded as co-introducers of HB 187-X(68).

INTRODUCTION AND REFERENCE
By Representatives De Young, Reed, James, Poorbaugh,
Humphrey, and Rust-
HB 211-X(68)-A bill to be entitled An act relating to al-
coholic beverages, club beverage licenses in each county in the
state having a population of not less than two hundred thou-
sand (200,000) and not more than two hundred sixty thousand
(260,000), according to the latest official decennial census;
providing for one (1) additional beverage license; providing
an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives De Young, Reed, James, Poorbaugh,
Humphrey, and Rust-
HB 212-X(68)-A bill to be entitled An act relating to Palm
Beach county club beverage licenses; providing for one (1)
additional beverage license; providing for the disposition of
same; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 212-X(68).
-was placed temporarily in the Committee on Rules & Calen-
dar.

60

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives De Young, Reed, James, Poorbaugh,
Humphrey, and Rust-
HB 213-X(68)-A bill to be entitled An act to permit the
Town of Lake Park to sell a certain Town Park to the ad-
jacent property owner, setting forth the legal description
thereof, the terms of sale, the conditions relating thereto, and
providing for referendum thereon.
Evidence of notice and publication was
established by the House as to HB 213-X(68).
-was placed temporarily in the Committee on Rules & Calen-
dar.
HB 214-X(68) WITHDRAWN

By Representatives Gillespie, Conway, and Sweeny-
HR 215-X(68)-A resolution commemorating the courage
of Sergeant William J. Deuerling of the United States Army,
and expressing deep sympathy and regret on his untimely
death.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Eddy, Caldwell, and King-
HB 216-X(68)--A bill to be entitled An act to add one
judge to the bench of the juvenile court, in and for Broward
County, Florida.
Evidence of notice and publication was
established by the House as to HB 216-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Robinson-
HM 217-X(68)-A memorial to the Congress of the United
States to provide for the retention of five per cent (5%) of all
federal income taxes collected within the several states to be
used by the said states for education and general state pur-
poses.
-was read the first time in full and referred to the Commit-
tee on Judiciary A.

By Representatives Gallen and Pratt-
HB 218-X(68)-A bill to be entitled An act amending Sec-
tion 11 of Chapter 65-1607, Special Acts of Florida, Acts of
1965, as amended by Chapter 67-1438, Special Acts of Florida,
Acts of 1967, providing for an increase of the maximum inter-
est rate to six percent (6%) per annum; providing for the
certificates to mature not exceeding forty (40) years from date
of issuance as may be determined by the Hospital District
Board of Hardee County; and providing for a referendum.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Gissendanner and Crabtree-
HB 219-X(68)-A bill to be entitled An act relating to
higher education; authorizing the Board of Regents to make
educational grants to students for undergraduate education by
payment of a portion of tuition fee for Florida resident stu-
dents attending a nonstate institution when facilities and space
are unavailable in the university system; providing eligibility
requirements; providing for appropriation; providing an ef-
fective date.
-was read the first time by title and referred to the Commit-
tees on Higher Education and Appropriations.

By Representatives James, Lindsey, Poorbaugh, Humphrey,
De Young, and Reed--

HB 221-X(68)-A bill to be entitled An act relating to the
county school system; amending section 230.23(4)(f), Florida
Statutes; providing for a discretionary year-round basis quar-
terly system with limited parent choice of pupil attendance;
providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Public School Education.

By Representative Mann-

HJR 222-X(68)-A joint resolution proposing an amend-
ment to Article XII of the State Constitution; repealing Sec-
tion 3 of said Article; adding Section 3A directing the legisla-
ture to provide the organizational structure for supervising
the state system of public education; authorizing terms of
board members to exceed four (4) years.
-was read the first time in full and referred to the Commit-
tee on Judiciary A.

By Representatives Myers and Pettigrew-
HB 223-X(68)-A bill to be entitled An act relating to
education; creating Section 231.60, Florida Statutes, authoriz-
ing district boards of public instruction to recognize certain
professional employee organizations as the representative for
professional employees for the purpose of meeting, confer-
ring, and entering into agreements with district boards of
public instruction; amending Section 230.22(1), Florida Stat-
utes, deleting provision authorizing district boards of public
instruction to recognize and reach agreement only with com-
mittees representing work levels of instructional and adminis-
trative personnel; and repealing all laws in conflict herewith;
providing an effective date.

--was read the first time by title and referred to the Commit-
tee on Public School Education.
On motion by Mr. Matthews, HB's 224-X(68), 225-X(68),
226-X(68), 227-X(68), 228-X(68), 229-X(68), 230-X(68), and
233-X(68), were admitted for introduction and consideration
by the required Constitutional two-thirds vote.
A quorum of 98 Members was present. The vote was:
Yeas-73

HB 224-X(68)-A bill to be entitled An act to amend Sec-
tion 210.05(3), Florida Statutes; providing discount for collec-
tion; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.
By Representative Blalock-
HB 225-X(68)-A bill to be entitled An act relating to the
enforcement of the cigarette tax law; amending Section 210.02
(6), Florida Statutes, to provide for the collection of tax on
unstamped cigarettes lost or stolen while in transit in this
state; providing a severability clause; providing an effective
date.
-was read the first time by title and referred to the Commit-
tee on Finance and Taxation.
By Representative Blalock-
HB 226-X(68)--A bill to be entitled An act relating to the
enforcement of the cigarette tax law; creating Section 210.18
(8), Florida Statutes, to provide additional fines and penalties
on persons, firms or corporations intending to defraud the state
of cigarette tax money; providing an exemption; providing a
severability clause; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.
By Representative Blalock-
HB 227-X(68)-A bill to be entitled An act relating to the
enforcement of the cigarette tax law; creating Section 210.18
(7), Florida Statutes, to provide additional fines and penal-
ties on persons, firms or corporations intending to defraud
the state of cigarette tax money; providing an exemption;
providing a severability clause; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.

By Representative Blalock -
HB 228-X(68)-A bill to be entitled An act relating to the
enforcement of the cigarette tax law; creating Section 210.18
(6), Florida Statutes, to provide for the reporting of all
seized unstamped cigarettes; providing a severability clause;
providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.

By Representative Blalock-
HB 229-X(68)-A bill to be entitled An act relating to the
taxation of cigarettes; creating Section 210.18(4), Florida
Statutes to provide additional fines and penalties; to provide
personal liability on taxes imposed on cigarettes; to provide
for the collection of said tax; providing certain exemptions;
providing the burden of proof; providing a severability
clause; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.

By Representative Blalock-
HB 230-X(68)-A bill to be entitled An act relating to the
enforcement of the cigarette tax law; amending Section 210.09
(5), Florida Statutes, to provide that common carriers, li-
censed private truckers, freight haulers, cartage firms report
to the State Beverage Department the transportation of all
unstamped cigarettes; providing a severability clause; provid-
ing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.

of private utility companies; to authorize the county commis-
sions of such counties to make rules and regulations for the
operation of water supply systems and sanitary sewerage sys-
tems; to require private utilities subject to this act to pay a
gross receipts tax to defray the costs of regulation; repeal-

-was read the first time by title and referred to the Commit-
tee on Public School Education.

By Representative McNulty-
HB 232-X(68)-A bill to be entitled An act relating to
school attendance; amending section 232.01(1), Florida Stat-
utes, requiring attendance of six (6) year old children and
permitting attendance of five (5) year old children; repealing
chapter 67-2, Laws of Florida; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Public School Education.

By Representative Blalock-
HB 233-X(68)-A bill to be entitled An act relating to the
enforcement of the cigarette tax law; creating Section 210.18
(5), Florida Statutes, to provide for the seizure of unstamped
cigarettes by the Director and personnel of the State Beverage
Department and any sheriff or deputy sheriff or other law en-
forcement agent; providing an exemption; providing a severa-
bility clause; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Finance & Taxation.

By Representatives Conway, Gillespie, Craig, Bevis, Pfeiffer,
Reedy, Harris, and Powell-
HB 235-X(68)-A bill to be entitled An act relating to
boards of public instruction; amending section 231.36, Florida
Statutes, providing subpoena powers for local boards in cer-
tain situations.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Whitson-
HB 236-X(68)-A bill to be entitled An act relating to the
regulation of traffic on the highways; transferring section
234.04, Florida Statutes, to chapter 317, Florida Statutes.
-was read the first time by title and referred to the Com-
mittee on Judiciary A.

By Representatives Bassett, J. Fortune, Ducker, Gibson, Gor-
man, Land, Lindsey, and Shadley-
HB 237-X(68)--A bill to be entitled An act relating to
counties having a population of in excess of 54,900 (fifty-
four thousand nine hundred) and not more than 56,000 (fifty-
six thousand) according to the last decennial census; autho-
rizing the boards of county commissioners of said counties
to regulate the operation of all water supply systems and
sanitary sewerage systems having not less than 25 (twenty-
five) connections in the unincorporated areas of the county
excluding municipalities operating systems beyond their cor-
porate limits; to compel owners of property to connect with
any such regulated system; to grant exclusive or nonexclusive
franchises to private utility companies and imposing certain
conditions to said franchises; to provide authority to fix rates

By Representatives Redman, E. L. Martinez, Hodes, Danahy,
Sessums, Mann, Stevens, and Spicola-
HB 238-X(68)-A bill to be entitled An act relating to cir-
cuit judges; providing supplemental compensation for circuit
judges of judicial circuits one county of which has a popula-
tion in excess of three hundred ninety thousand (390,000),
according to the latest official decennial census; repealing
chapter 67-962, Laws of Florida; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives McNulty, Pfeiffer, Powell, and Davis-
HB 239-X(68)-A bill to be entitled An act relating to Os-
ceola county, fire control unit; providing an appropriation;
providing contingencies upon which this act shall take effect.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Crabtree-
HB 241-X(68)-A bill to be entitled An act relating to City
of Sarasota; amending chapter 23529, Laws of Florida, 1945,
by adding section 23A authorizing municipal electors to
legislate directly; authorizing and providing procedure for ini-
tiative and referendum; amending sections 179 and 181 of
chapter 23529, Laws of Florida, 1945, relating to the petition
of recall elections; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 241-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Gissendanner-
HB 242-X(68)-A bill to be entitled An act relating to jun-
ior colleges; requiring the payment of out-of-district fees by
counties which do not contribute financial support to a junior
college district; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Mathews and others-
SB 62-X(68)-A bill to be entitled An act relating to oc-
cupational license taxes; amending section 205.251(1), Florida
Statutes, as amended and revised by section 1, chapter 67-433,
Laws of Florida, to except apartment houses; providing for
refund of license taxes paid pursuant to chapter 67-433, Laws
of Florida, by persons engaged in business of renting such
accommodations; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

OF REPRESENTATIVES February 9, 1968

Florida Statutes, relating to the Florida Land Sales Board,
enacted during the 1967 regular session.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By the Committee on Public School Education-
HB 245-X(68)-A bill to be entitled An act relating to edu-
cation; amending section 236.04(4), Florida Statutes; making
instruction of exceptional children mandatory; amending sec-
tion 231.09(1), Florida Statutes; relating to duties of instruc-
tional personnel; providing for the teaching of a positive atti-
tude toward the dignity of work; providing that emphasis be
placed on the dignity and value of all legitimate occupational
pursuits; amending section 236.02(6)(a), Florida Statutes;
amending requirements pertaining to county school board in-
structional salary schedules; amending section 236.07(1), Flor-
ida Statutes; providing a new training rank for instructional
personnel by adding Rank IA; amending section 236.07(3),
Florida Statutes; by increasing the amount to be included for
instructional salaries; amending section 236.05, Florida Stat-
utes; prescribing a method for determining the apportionment
of funds to each county for transportation for kindergarten
through grade twelve (12); amending section 236.07(4), Flor-
ida Statutes; providing for the apportionment of transportation
funds to county boards; amending section 236.07(5), Florida
Statutes; by increasing the amount to be included for current
expenses; amending section 236.07, Florida Statutes, by creating
a new subsection providing for education improvement expense
to be allocated to the county boards of public instruction and
"expended pursuant to a plan approved by the state board of
education; amending section 236.04(3), Florida Statutes, pro-
viding that kindergarten units may be included in the founda-
tion program only on the basis of an approved plan for opera-
tion; amending section 236.04(7), Florida Statutes, by deleting
units for administrative and special instructional services and
creating units for special teacher services; amending section
236.04(8), Florida Statutes, by removing the limitation on units
for supervisors of instruction; amending section 236.071(2)(b),
Florida Statutes, by changing the factors by which various per-
centages are to be multiplied; amending section 236.075, Florida
Statutes, by deleting five hundred fifty dollars ($550.00) unit
value from county school sales tax trust fund; repealing sec-
tion 236.75, Florida Statutes, relating to state funds for public
school lunch programs; repealing chapter 65-398, Laws of Flor-
ida, amending section 232.01, Florida Statutes, which law will
become effective July 1, 1972; fixing the minimum age for ad-
mission to the first grade; repealing section 236.071(2) (b),
Florida Statutes, providing an index of taxpaying ability, ef-
fective July 1, 1969; amending section 236.07(8), Florida Stat-
utes, relating to the required financial effort of each county for
the minimum foundation program; providing for a minimum
amount of increased funds to be allocated to each county in
the 1968-69 fiscal year; requiring village reduction in 1968-69
in counties levying more than twelve (12) mills during 1967-
68; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

SB 62-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
February 8, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 76-X(68)-A bill to be entitled An act relating to junior
colleges; amending section 230.0114(2), Florida Statutes; re-
vising the procedure for providing recalculation funds; amend-
ing section 230.0115(1), Florida Statutes; revising the proce-
dure for determining units; amending section 230.0117(2),
Florida Statutes; revising the amount for salaries; providing
for salaries beyond the regular term; adding paragraphs (d)
and (e) providing for staff and program development and
salaries to be used for apportionment purposes only; amend-
ing section 230.0117(4), Florida Statutes; revising the amount
for other current expenses; amending section 230.0117(8),
Florida Statutes; removing the provision for reducing the al-
location from the state funds by the difference between the
amount included in the minimum foundation program for
salaries and the amount actually paid to instructors; provid-
ing an appropriation; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 76-X(68), contained in the above message, was read
the first time by title and referred to the Committees on Pub-
lic School Education and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 8, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 78-X(68)-A bill to be entitled An act relating to edu-
cation; amending subsection (3) and paragraph (a) of sub-
section (4) of section 236.074, Florida Statutes, by providing
an additional one hundred dollars ($100.00) in state funds
for each pupil increase in average daily attendance; providing
an appropriation; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 78-X(68), contained in the, above message, was read
the first time by title and referred to the Committees on Pub-
lic School Education and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 8, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 79-X(68)--A bill to be entitled An act relating to edu-
cation, providing an appropriation to the state board of edu-
cation for the purpose of funding the deficit between the
amount of employer's share of retirement matching and that
amount of funds provided county boards of public instruction
under the provisions of section 236.075(3), Florida Statutes;
providing an effective date.

63

-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 79-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 8, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-
By Committee on Education-Public Schools and Junior Col-
leges-
SB 81-X(68)-A bill to be entitled An act relating to educa-
tion in the field of vocational-technical and general adult edu-
cation; providing a planned program budget submitted to the
state board of vocational education for supplemental funds;
providing an appropriation; providing an effective date.

By Committee on Education-Public Schools and Junior Col-
leges-
SB 80-X(68)-A bill to be entitled An act relating to schol-
arships, teaching; amending sections 239.38 and 239.42, Flor-
ida Statutes, to provide for additional scholarship loans and
disbursement thereof; providing an appropriation; providing an
effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 81-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
SB 80-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 8, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 85-X(68)-A bill to be entitled An act relating to the
state merit system; amending section 110.051(2)(e), Florida
Statutes, to add members of the professional staffs of the state
department of education, providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 82-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Judiciary
A and Appropriations.
SB 85-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

64

JOURNAL OF THE HOUSI

February 8, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 88-X(68)-A bill to be entitled An act relating to the
Florida School for the Deaf and Blind, providing a whereas;
providing an appropriation; providing an effective date.

By Committee on Education-Public Schools and Junior Col-
leges-
SB 86-X(68)--A bill to be entitled An act relating to ex-
ceptional child education; expressing the intent of the legis-
lature in passing this act; making appropriations for scholar-
ships and in-service training for exceptional education person-
nel, for capital outlay for critical facilities and specialized
equipment, for specialized education consultants, and for re-
search; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 88-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
SB 86-X (68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
February 8, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 105-X(68)-A bill to be entitled An act relating to the
division of corrections; academic and vocational training pro-
grams; appropriating funds from the general revenue fund;
providing an effective date.

By Committee on Education-Public Schools and Junior Col-
leges-
SB 98-X(68)-A bill to be entitled An act relating to edu-
cation; textbooks; providing an appropriation; and providing
an effective date.

By Senator Askew and others-
SB 53-X(68)-A bill to be entitled An act relating to schol-
arships; amending section 239.451, Florida Statutes providing
for Florida regents scholarships; providing an appropriation;
providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 105-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
SB 98-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.

SB 53-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Higher
Education and Appropriations.

E OF REPRESENTATIVES February 9, 1968

February 8, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Senate Plante-
SB 120-X(68)-A bill to be entitled An act relating to
racing tracks in any county in the state having a population
of not less than nine hundred thousand (900,000) and in
counties having a population of not less than four hundred
thousand (400,000) nor more than four hundred sixty-five
thousand (465,000) and in counties having not less than fifty-
four thousand, nine hundred (54,900) nor more than fifty-six
thousand (56,000) according to the latest official decennial cen-
sus; authorizing an extra day of racing and operations, and
all profits from such day shall be used for aid to Seminole
Junior College in Seminole County, Florida.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 120-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senators Haverfield and Askew-
SB 61-X(68)-A bill to be entitled An act making appro-
priations; providing moneys for the fiscal year beginning July
1, 1968 to pay salaries, and other expenses of the state
university system; providing an effective date.

By Committee on Education-Public Schools and Junior Col-
leges-
SB 84-X(68)-A bill to be entitled An act relating to edu-
cation; providing an appropriation to implement a minimum
training and educational program for students in child train-
ing schools; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 61-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Higher
Education and Appropriations.
SB 84-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended--

tion 230.33(12) (i), Florida Statutes, authorizing county boards
to study the feasibility of contracting services with industry;
amending section 230.33, Florida Statutes, adding subsection
(23) relating to programs of public information and renum-
bering the present subsection (23) as (24); requiring the de-
velopment and operation of pilot programs utilizing flexible
staff organization in elementary and secondary schools; re-
quiring a study of self insurance of public educational facilities;
requiring study and development of additional modern manage-
ment practices and techniques including program budgeting at
both the state and county levels; providing an appropriation;
providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 70-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 77-X(68)-A bill to be entitled An act relating to edu-
cation; amending section 236.04(4), Florida Statutes; making
instruction of exceptional children mandatory; amending sec-
tion 231.09(1), Florida Statutes; relating to duties of instruc-
tional personnel; providing for the teaching of a positive at-
titude toward the dignity of work; providing that emphasis
be placed on the dignity and value of all legitimate occupa-
tional pursuits; amending section 236.02(6)(a), Florida Stat-
utes; amending requirements pertaining to county school
board instructional salary schedules; amending section 236.07
(1), Florida Statutes; providing a new training rank for in-
structional personnel by adding Rank IA; amending section
236.07(3), Florida Statutes; by increasing the amount to be
included for instructional salaries; amending section 236.05,
Florida Statutes; prescribing a method for determining the
apportionment of funds to each county for transportation for
kindergarten through grade twelve (12); amending section
236.07(4), Florida Statutes; providing for the apportionment
of transportation funds to county boards; amending section
236.07(5), Florida Statutes; by increasing the amount to be
included for current expenses; amending section 236.07, Flor-
ida Statutes, by creating a new subsection providing for edu-
cation improvement expense to be allocated to the county
boards of public instruction and expended pursuant to a plan
approved by the state board of education; amending section
236.04(3), Florida Statutes, providing that kindergarten units
may be included in the foundation program only on the basis
of an approved plan for operation; amending section 236.04
(7), Florida Statutes, by deleting units for administrative and
special instructional services and creating units for special
teacher services; amending section 236.04(8), Florida Statutes,
by removing the limitation on units for supervisors of in-
struction; amending section 236.071(2)(b), Florida Statutes,
by changing the factors by which various percentages are
to be multiplied; amending section 236.075, Florida Statutes,
by deleting five hundred fifty dollars ($550.00) unit value from
county school sales tax trust fund; repealing section
236.75, Florida Statutes, relating to state funds for public
school lunch programs; repealing chapter 65-398, Laws of
Florida, amending section 232.01, Florida Statutes, which law
will become effective July 1, 1972 amending subsection 10 of
section 236.04, Florida Statutes, changing one hundred per
cent (100%) to ninety per cent (90%); fixing the minimum
age for admission to the first grade amending subsection (7)
of Section 236.07, Florida Statutes, by including education
improvement expense as a part of the total minimum foun-
dation program; providing an appropriation; providing an
effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

65

SB 77-X(68), contained in the above message, was read the
first time by title and referred to the Committees on Public
School Education and Appropriations.
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 89-X(68)-A bill to be entitled An act relating to ex-
ceptional child education; providing for a mandatory compre-
hensive state-wide program; requiring district school boards to
provide instructional programs and related services for excep-
tional children; amending sections 228.041(21) and (22), Flor-
ida Statutes, to redefine the terms "exceptional children" and
special educational services; adding a new subsection to section
228.13, Florida Statutes, to include exceptional child education
in the required public school program; amending section 228.14,
Florida Statutes, to include exceptional child programs; amend-
ing section 228.16 to include exceptional child education in the
free public school program; adding a new paragraph to section
230.23(4), Florida Statutes, to include exceptional children as a
part of the established organization and operation of the
schools; amending section 230.23(6)(e), Florida Statutes, to in-
clude visual and auditory examinations as a part of health ex-
aminations and treatment; adding a new pargraph to section
230.33(6), Florida Statutes, to require a county plan for excep-
tional children to duties and responsibilities of county superin-
tendent; adding new subparagraph to section 232.01(1), Flor-
ida Statutes, to permit pre-school education for exceptional chil-
dren; amending section 236.06(1), Florida Statutes, providing
for physical and mental exemption; repealing section 228.041-
(23), Florida Statutes, concerning certification of teachers, to
remove repetitious language; repealing sections 232.13(1), Flor-
ida Statutes, concerning reporting of handicapped children to
state superintendent by county school systems; providing an
effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 89-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Public
School Education.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 8, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has refused to concur in House amendments to-

By Committee on Education-Public Schools and Junior Col-
leges-
SB 69-X(68)-A bill to be entitled An act relating to jun-
ior colleges; establishing local junior college districts; pro-
viding for the establishment, organization, powers, and duties
of junior college district boards of trustees, transferring
property, assets, and obligations of each junior college from
the board of public instruction to the board of trustees;
amending section 228.041 (1)(a), (2), and (6); adding section
228.041 (1)(b) and (26) repealing section 228.14 (3); amend-
ing sections 228.16, 230.0101, 230.0102, 230.0103, 230.0109,
230.0111 230.0112, 230.0113, 230.0114, 230.0117, 230.0118, 230.-
0119; repealing section 230.0106, Florida Statutes; establishing
legislative intent; providing an effective date.
Amendment 1
In Section 11, on page 10, line 5, strike all of the fol-
lowing: "(2) COUNTY SUPPORT OF JUNIOR COLLEGES."
-etc. down to and including line 23.
Amendment 2
In Title, on page 1, insert following the semi-colon "deleting
required county financial support"

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

February 9, 19i68

66

JOURNAL OF THE HOUSE OF REPRESENTATIVES

-and requests the House to recede therefrom.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motions by Mr. Ashler, the House refused to recede
from House Amendments 1 and 2 to SB 69-X(68), and re-
quests that the President of the Senate appoint a conference
committee to confer with a like committee to be appointed
by the Speaker of the House to adjust the differences on the
House Amendments.
The action of the House, together with SB 69-X(68) and
House amendments thereto, was ordered certified to the Sen-
ate.
On point of order by Mr. Smith, Chairman of the Com-
mittee on Public School Education, that SB's 98-X(68), 76-
X(68), 81-X(68), 86-X(68), and 79-X(68), are similar or com-
panion measures to House bills, which have already been con-
sidered by the Committee, the Senate bills were withdrawn
from that committee. On point of order by Mr. Land, Chair-
man of the Committee on Appropriations, that his committee
has also considered the same similar or companion House
bills, the Senate bills were also withdrawn from his committee
and, under Rule 8.16, placed in the Committee on Rules & Cal-
endar.

Presentation of Guests
On motion by Mr. Reeves, the Chair appointed Representa-
tives Reeves, Briggs, Ashler, and Wells as a committee to es-
cort Miss Bonnie Sue Folkers, Florida's Junior Miss, 1968;
Miss Teri Calland, Florida's Junior Miss, 1966; and Miss Su-
san McCall, Florida's Junior Miss, 1965 to the rostrum where
they were presented to the House.

Recess
On motion by Mr. Matthews, the House recessed at 10:40
A.M. to reconvene at 11:00 A.M. today.

February 9, 1968

WHEREAS, consultation with the leadership of the Florida
Legislature reflects that progress is being made and that this
special session should be continued until the matters under con-
sideration are completed, and
WHEREAS, it is my belief that it is in the best interest
of the citizens of the State of Florida that this special session
be extended so as to, more adequately insure the accomplishment
of this historic undertaking;
NOW, THEREFORE, I, Claude R. Kirk, Jr., as Governor of
the State of Florida, by virtue of the power and authority vested
in me by Article IV, Section 8 and Article III, Section 2 of
the Constitution of the State. of Florida, do hereby continue the
special session heretofore called and do hereby extend the spe-
cial session beginning at 5 P.M. on Friday, February 9, 1968
and ending at 5 P.M. on Friday, February 16, 1968.
This call is for the sole and exclusive purpose, of considering
constitutional amendments and legislation dealing with pre-
school through twelfth grade, junior college and higher educa-
tional school systems of the State of Florida.

IN WITNESS WHEREOF, I have here-
unto set my hand and caused the Great
Seal of the State of Florida to be affixed
at Tallahassee, the Capitol, this February
8, 1968.
CLAUDE R. KIRK, JR.
Governor

ATTEST:
TOM ADAMS
Secretary of State

Recess
On motion by Mr. Matthews, the House stood in informal
recess at 11:08 A.M., to reconvene upon the call of the
Speaker.

Reconvened
The House was called to order by Mr. Rowell at 11:24 A.M.
Reconvened

The House was called to order by Mr. Rowell at 11:00 A.M.
A quorum was present.
On motion by Mr. Smith, agreed to by two-thirds vote,
SB 77-X(68) was withdrawn from the Committee on Public
School Education, and remains referred to the Committee on
Appropriations.
On a point of order by Mr. Land, Chairman of the Commit-
tee on Appropriations, that SB 82-X(68) is a similar or com-
panion measure to HB 175-X(68), which has already been con-
sidered by the committee, the Senate bill was withdrawn from
that committee and, remains referred to the Committee on Ju-
diciary A.

Communication from the Governor
The following Proclamation of the Governor extending this
Special Session of the Legislature was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on January 13, 1968 an executive Proclamation
was issued convening the Florida Legislature in special session
on January 29, 1968 for the purpose of considering constitu-
tional amendments and legislation relating to the educational
systems in the State of Florida, and

Adjournment
On motion by Mr. Land, the House adjourned at 11:25
A.M. to reconvene at 12:45 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 12:45 P.M.
The following Members were recorded present:

REPORTS OF STANDING COMMITTEES
The Committee on Public School Education recommends the
following pass:
HB 178-X(68)
The bill was placed in the Committee on Rules & Calendar.
The Committee on Public School Education recommends a
committee substitute for the following:
HB 15-X(68) HB 60-X(68)
The bills with committee substitutes were referred to the
Committee on Appropriations.

The Committee on Public School Education recommends the
following pass:
HB 161-X(68) HB 174-X(68)
HB 171-X(68) HB 176-X(68)
HB 172-X(68) HB 173-X(68)
The bills were referred to the Committee on Appropriations.
The Committee on Appropriations recommends the following
pass:
HB 245-X(68) SB 77-X(68)
HB 175-X(68)
The bills were placed in the Committee on Rules & Calendar.
The Committee on Appropriations recommends the following
pass:
HB 174-X(68) CS for HB 15-X(68)
HB 173-X(68) HB 176-X(68)
HB 172-X(68) CS for HB 60-X(68)
HB 171-X(68)
The bills were placed in the Committee on Rules & Calendar.

Report of the Committee on Rules & Calendar

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 9, 1968

Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Friday after-
noon, February 9, 1968, the consideration of the following bills
together with their companion measures:
CSHB 60-X(68) SB 81-X(68)
SB 77-X(68) SB 86-X(68)
SB 76-X(68) HB 175-X(68)
SB 98-X(68) SB 79-X(68)
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.
On motion by Mr. Matthews, the rules were waived and the
House reverted to the Order of-

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 9, 1968

Your Committee on Rules & Calendar herewith submits,
as an addition to the end of the Special Order Calendar under
Rule 8.16 for Friday afternoon, February 9, 1968, the consid-
eration of the following bills together with their companion
measures:
SB 61-X(68)
HB 127-X(68)
SB 82-X(68)
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
HB 60-X(68) was taken up, together with:
CS for HB 60-X(68)-A bill to be entitled An act relating
to public education; creating and providing for the composi-
tion, organization, powers and staffing of the Florida pub-
lic school board; repealing sections 228.041(1), 228.04(6)
through 228.041(24), 228.13, 228.14 and 230.201, Florida Stat-
utes; providing an effective date.

-which was read the first time by title.
On motion by Mr. Harris, CS for HB 60-X(68) was sub-
stituted for HB 60-X(68) and HB 60-X(68) was laid on the
table.

On motion by Mr. Harris, the rules were waived and CS
for HB 60-X(68) was read the second time by title.

Motions Relating to Committee Reference
On a point of order by Mr. Ashler, Chairman of the Com-
mittee on Higher Education, that SB 61-X(68) is a similar
or companion measure to HB 127-X(68), which has already
been considered by the committee, the Senate bill was with-
drawn from that committee and remains referred to the Com-
mittee on Appropriations.
On a point of order by Mr. Land, Chairman of the Com-
mittee on Appropriations, that his committee has also con-
sidered the same similar or companion bill, SB 61-X(68) was
also withdrawn from that committee and, under Rule 8.16,
placed in the Committee on Rules & Calendar.
On a point of order by Mr. Land, on behalf of Mr. Wells,
Chairman of the Committee on Judiciary A, that SB 82-X(68)
is a similar or companion measure to HB 175-X(68), which
is on the Calendar, the Senate bill was withdrawn from that
committee and, under Rule 8.16, placed in the Committee
on Rules & Calendar.

Recess
On motion by Mr. Rowell, the House stood in informal
recess at 12:55 P.M.

Reconvened
The House was called to order by the Speaker at 1:30 P.M.
A quorum was present.

Report of the Committee on Rules & Calendar

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 9, 1968

Representative Harris offered the following amendment:
In Section 5, on page 11, line 12, following the dashes
after the word "WORK" insert the following: Area voca-
tional technical centers,
Mr. Harris moved the adoption of the amendment which
was adopted.
Representative Harris offered the following amendment:
In Section 5, on page 11, line 11, following (4) insert AREA
VOCATIONAL TECHNICAL CENTER,
Mr. Harris moved the adoption of the amendment which was
adopted.
Representative Harris offered the following amendment:
In Section 2, on page 1, line 30, after the semi-colon insert:
area vocational technical centers, and
Mr. Harris moved the adoption of the amendment which
was adopted.
Representative Harris offered the following amendment:
In Section 10, on page 15, line 23, strike entire section 10
and renumber remaining sections.
Mr. Harris moved the adoption of the amendment which
was adopted.
Representative Brantley offered the following amendment:
In Section 8, on page 14, line 10, strike paragraph 6 and
renumber remaining paragraphs.

Mr. Brantley moved the adoption of the amendment which
failed of adoption.
Representative Humphrey offered the following amendment:

In Section 7, on page 12, line 21, after the period, strike
the balance of line 21, and all of lines 22 through 25 and in-
sert the following: In addition to utilizing the services of the
State Department of Public Education it shall employ such
staff as may be necessary to the full performance of its du-
ties. The chief administrative officer of the Florida public
school board shall be the state superintendent of public in-
struction.

Mr. Humphrey moved the adoption of the amendment which
was adopted.

Representatives Stafford and Register offered the following
amendment:

In Section 2, on page 5, line 8, strike "NET" and insert
the following: Actual Teaching

Mr. Stafford moved the adoption of the amendment which
failed of adoption. The vote was:

Representatives Stafford and Register offered the following
amendment:

In Section 2, on page 8, lines 3 and 4, strike "one hundred
ninety-six days or longer" and insert the following: twelve
months
Mr. Stafford moved the adoption of the amendment which
failed of adoption. The vote was:

Representative Crider offered the following amendment:
In Section 8, on page 14, line 12, strike "shall" and insert
the following: may
Mr. Crider moved the adoption of the amendment which
failed of adoption.
Representatives Stafford and Register offered the following
amendment:
In Section 8, subsection 8, on page 14, line 24, after the
word "Schedule" insert the following: Providing for a minimum
salary of $7,500
Mr. Stafford moved the adoption of the amendment which
failed of adoption.
Representative Stafford offered the following amendment:
In Section 8, on page 14, line 26, after the word "The", strike
"amount of training" and all of line 27 and insert the follow-
ing:
Section 1. The State Department of Education or its suc-
cessor (hereinafter referred to as the department) shall establish
and maintain a merit system for the promotion of school in-
structional personnel (hereinafter referred to as teachers) and
is empowered to establish such rules and regulations as are nec-
essary for the efficient administration and operation of the merit
system.
Section 2. It shall be the duty of the department to estab-
lish and administer merit examinations to conform with the
following standards and guidelines:
(1) A comprehensive examination to be revised annually
and designed for pupils who have completed the school year in
which the examination is given shall be given to pupils once
during the first two (2) weeks of the school year and again
during the last two (2) weeks of the school year. The exami-
nation or copies thereof shall not be made available to teach-
ers, principals or assistants in the school system, either before
or after the times set for administering the examination. Each
examination will be graded by the department and results re-
corded with copies sent to the respective teachers.
(2) The department shall compare scores of the individual
pupils and an analysis will be made as to the relative change
in scores over the year for each class a particular teacher in-
structs during the school year. Results of this statistical analy-
sis will be sent to the respective teachers, principals and county
boards of public instruction. Each teacher shall be evaluated as
to the percentile rank in relative improvement of this class with
all other teachers' classes at the same level throughout the state.
(3) Scores for individual pupils shall be compared and
ranked on a percentile basis with all other similarly ranked
pupils in the state. Both raw and percentile scores for indi-
viduals shall be made available to the respective pupils.
(4) Salary increases for teachers shall be based on the re-
lative performance of their class or classes as measured .by
the relative rank of improvement as determined by the two (2)
examinations. Raises shall be given to those teachers whose
classes' relative improvement is in the higher ranks and little
or no raises shall be given to those teachers whose classes' rela-
tive improvement is in the lower ranks.

(5) Whenever a teacher's class or classes' relative improve-
ment continues to place in the lower ranks, the teacher may be
dismissed from the state school system for at least one (1) year
to allow the teacher to return to school to become more pro-
ficient. Continued placement in lower ranks (40 percentile or
below) shall be defined as three (3) consecutive years or four
(4) years out of any five (5) year period.
(6) Examinations need not be written when other types of
tests are deemed more appropriate.
(7) Whenever courses of instruction are conducted for only
one-half (V) year, special mid-year examinations shall be ad-
ministered and the average performance of the two (2) halves
shall be used for the evaluation of the teacher.

(8) Special instructional classes for deficient or proficient
pupils shall not be included in overall teacher evaluation, but
placed in comparable classifications statewide.

Section 3. This act shall take effect July 1, 1968.
Mr. Stafford moved the adoption of the amendment which
failed of adoption. The vote was:

In Section 3, on page 9, line 27, after the word "children"
insert the following: whose parents or school patron who de-
sire that their children attend kindergarten

Mr. King moved the adoption of the amendment which
failed of adoption.

Representative King offered the following amendment:

In Section 8, on page 14, line 27, strike the period at end
of line and insert the following: demonstrated ability, and
knowledge of subject matter taught.
Mr. King moved the adoption of the amendment which
failed of adoption.

Reconsideration

On motion by Mr. Prominski, the House reconsidered the
vote by which the amendment on a merit pay system offered
by Representative Stafford failed of adoption.
The question recurred on the adoption of the amendment
which failed of adoption. The vote was:
Yeas-52

On motion by Mr. Harris, the rules were waived and CS for
HB 60-X(68) was read the third time in full.
Mr. Crabtree suggested the absence of a quorum. A quorum
of 107 Members was present.
The question recurred on the final passage of CS for HB
60-X(68) which passed as amended. The vote was:
Yeas-94

Representatives Chappell, Reedy, and Stevens were recorded
as voting Yea.

PAIR VOTE
I am paired with Representative Eddy. If he were present,
he would have voted Yea, and I would have voted Nay on the
final passage of CS for HB 60-X(68).
Representative Richard S. Hodes
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
SB 77-X(68)-A bill to be entitled An act relating to edu-
cation; amending section 236.04(4), Florida Statutes; making
instruction of exceptional children mandatory; amending sec-
tion 231.09(1), Florida Statutes; relating to duties of instruc-
tional personnel; providing for the teaching of a positive
attitude toward the dignity of work; providing that emphasis
be placed on the dignity and value of all legitimate occu-
pational pursuits; amending section 236.02(6) (a), Florida
Statutes; amending requirements pertaining to county
school board instructional salary schedules; amending section
236.07(1), Florida Statutes; providing a new training rank
for instructional personnel by adding Rank IA; amending
section 236.07(3), Florida Statutes; by increasing the amount
to be included for instructional salaries; amending section
236.05, Florida Statutes; prescribing a method for determining
the apportionment of funds to each county for transportation

February 9, 1968

for kindergarten through grade twelve (12); amending sec-
tion 236.07(4), Florida Statutes; providing for the apportion-
ment of transportation funds to county boards; amending
section 236.07(5), Florida Statutes; by increasing the amount
to be included for current expenses; amending section 236.-
07, Florida Statutes, by creating a new subsection providing
for education improvement expense to be allocated to the
county boards of public instruction and expended pursuant
to a plan approved by the state board of education; amend-
ing section 236.04(3), Florida Statutes, providing that kinder-
garten units may be included in the foundation program only
on the basis of an approved plan for operation; amending sec-
tion 236.04(7), Florida Statutes, by deleting units for adminis-
trative and special instructional services and creating units
for special teacher services; amending section 236.04(8), Flor-
ida Statutes, by removing the limitation on units for super-
visors of instruction; amending section 236.071(2)(b), Florida
Statutes, by changing the factors by which various percen-
tages are to be multiplied; amending section 236.075, Florida
Statutes, by deleting five hundred fifty dollars ($550.00) unit
value from county school sales tax trust fund; repealing sec-
tion 236.75, Florida Statutes, relating to state funds for pub-
lic school lunch programs; repealing chapter 65-398, Laws of
Florida, amending section 232.01, Florida Statutes, which law
will become effective July 1, 1972 amending subsection 10 of
section 236.04, Florida Statutes, changing one hundred per
cent (100%) to ninety per cent (90%); fixing the minimum age
for admission to the first grade amending subsection (7) of
Section 236.07, Florida Statutes, by including education im-
provement expense as a part of the total minimum founda-
tion program; providing an appropriation; providing an ef-
fective date.
-was taken up.
On motion by Mr. Smith, the rules were waived and SB 77-X
(68) was read the second time by title.
Representative Smith offered the following amendment:
On page 6, line 22, strike everything following the enacting
clause and insert the following:
Section 1. Subsection (4) of section 236.04, Florida Stat-
utes, is amended to read:

236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.

(4) UNITS FOR EXCEPTIONAL CHILDREN.-Each
school board shall provide an appropriate program of special
instruction for exceptional children; such programs shall be
implemented in annual increments so that all exceptional chil-
dren shall be served by 1973. Instruction units for exceptional
children shall be computed as follows:

(a) The term "exceptional child" shall mean any educable
child or youth whose physical functions or members are so im-
paired, as certified by a competent physician, that he cannot
be adequately educated in the regular classes of the public
schools or that he cannot be adequately educated in such classes
without the provision of special facilities or services; and any
other educable child or youth who, because of a physical,
emotional or mental condition, has been certified by a competent
specialist qualified under regulations of the state board to ex-
amine exceptional children, as unsuitable for enrollment in a
regular class of the public schools or as unable to be ade-
quately educated in the regular classes of the public schools
without the provision of special educational facilities or serv-
ices. Instruction units for exceptional children shall be com-
puted when the following requirements for participation have
been met:

1. Each county board which participates in this program

shall submit annually to the state superintendent a plan out-
lining its proposed procedure for the provision of special edu-
cational services for exceptional children and no funds au-
thorized herein may be allotted to any county until such plan

70

has been approved in writing by the state superintendent in
accordance with regulations of the state board.
2. No child shall be given special services under the terms
of this law as an exceptional child until he is properly classi-
fied as an exceptional child in keeping with the definition given
above. A copy of the report certifying to the child's condition
shall be kept on file in the office of the principal of the school
in which the child is enrolled.
3. In providing for the education of exceptional children
the county superintendent, principals and teachers shall utilize
the regular school facilities and adapt them to the needs of
exceptional children wherever this is possible. No child shall
be segregated and taught apart from normal children until a
careful study of the child's case has been made and evidence
obtained which indicates that segregation would be for the
child's benefit or is necessary because of difficulties involved in
teaching the child in a regular class.
4. The principal of the school in which the child is taught
shall keep a written record of the case history of each excep-
tional child showing the reason for the child's withdrawal from
the regular class in the public school and his enrollment in or
withdrawal from a special class for exceptional children and
this record shall be available for inspection by school officials
at any time.
(b) For each group of ten or more exceptional children to
be taught by a properly qualified full time teacher as a special
class, or taught individually as home bound or hospitalized
children unable to attend school for the major portion of a
year; one instruction unit shall be allowed. The minimum num-
ber of pupils required for such unit may be reduced to not less
than five, as authorized by regulations of the state board, for
special situations where the instruction of a larger number
would not be feasible or practicable. One-fifth of a unit may
be authorized for each exceptional child taught in communities
where fewer than five exceptional children are in need of special
instruction as determined by the county board in accordance
with the provisions of law.
(c) For each properly qualified member of the instructional
staff devoting full time to the instruction or improvement of
exceptional children from regular classes as prescribed by reg-
ulations of the state board: one instruction unit shall be al-
lowed.
(d) For each group of ten or more exceptional children
between three and five years of age for whom professional de-
termination has been made that such programs are required
to prepare the child [who need special instruction] for en-
trance into special classes or schools [because of deafness or
other similar handicaps], as prescribed by regulations of the
state board, and for the instruction of which a full time quali-
fied teacher is to be employed: one instruction unit shall be
allowed.
(e) When a pupil is unable to attend school because he is
homebound or hospitalized, instructional services may be pro-
vided by a duly qualified teacher or teachers, and one instruc-
tion unit shall be allowed for each nine hundred instruction
hours and a proportionate part of one unit shall be allowed for
less than nine hundred instruction hours.
Section 2. Subsection (1) of section 231.09, Florida Stat-
utes, is amended to read:
231.09 Duties of instructional personnel.-Members of the
instructional staff of the public schools, subject to the rules
and regulations of the state board and of the county board,
shall perform the following functions:

(1) TEACHING.-Teach efficiently and faithfully, using
the books and materials required, following the prescribed
courses of study, and employing approved methods of instruc-
tion, the following: The essentials of the United States consti-
tution, flag education, including proper flag display and flag
salute, the elements of civil government, the elementary princi-
ples of agriculture, a positive attitude toward the dignity of

work, the dignity and value of all legitimate occupational
pursuits, the true effects of all alcoholic and intoxicating li-
quors and beverages and narcotics upon the human body and
mind, the adverse health effects and implications of cigarette

smoking, kindness to animals, the history of the state, conserva-
tion of natural resources, and such additional materials, sub-
jects, courses, or fields in such grades as may be prescribed by

71

law or by regulations of the state board and the county board in
fulfilling the requirements of law; provided, that state and
county school officials shall furnish and put into execution a
system and method of teaching the true effects of alcohol and
narcotics on the human body and mind, the adverse health ef-
fects and implications of cigarette smoking, provide the neces-
sary textbooks, literature, equipment, and directions, see that
such subjects are efficiently taught by means of pictures, charts,
oral instruction, and lectures and other approved methods, and
require such reports as are deemed necessary to show the work
which is being covered and the results being accomplished, and
provided further, that any child whose parent shall present to
the school principal a signed statement that the teaching of
disease, its symptoms, development and treatment, and the
viewing of pictures or motion pictures of such subjects conflict
with the religious teachings of their church, shall be exempt
from such instruction, and no child so exempt shall be pena-
lized by reason of such exemption.
Section 3. Paragraph (a) of subsection (6) of section 236.-
02, Florida Statutes, is amended to read:
236.02 Minimum requirements of the foundation program.-
Each county which participates in the state appropriations for
the foundation program shall provide evidence of its effort to
maintain an adequate school program throughout the county
and shall meet at least the following requirements:
(6) SALARY SCHEDULES.-Expend funds for salaries
in accordance with a salary schedule or schedules adopted by
the county board in accordance with the provisions of law and
regulations of the state board.
(a) Such schedule or schedules for instructional personnel
shall make provision for the following:
1. [A minimum annual salary of four thousand dollars for
each member of the instructional staff to whom a continuing
contract has been issued; and] No member of the instructional
staff holding a Rank III or higher certificate shall be paid an
amount which is less than the salary allotment prescribed for
the Rank III annual contract classification in section 236.07
(3) (a), Florida Statutes; and
2. [Additional yearly increments to each such member un-
der continuing contract, in recognition of experience and pro-
fessional growth, assuring a minimum annual salary of five
thousand dollars, commencing with the eleventh year of effi-
cient teaching service in the public school system of this state,
and including the services set forth in section 238.01(4).]
Additional yearly increments shall be incorporated in the sched-
ules to provide for not less than fifteen years of efficient teach-
ing service in the public school system of this state, including
the services set forth in section 238.01(4), Florida Statutes.
No member of the instructional staff shall be paid an amount
less than ninety percent (90%) of the salary allotment pre-
scribed in section 236.07(3), Florida Statutes, for the rank
certificate and contract status of that person, or the amount
prescribed in subsection (6)(a)1. above, whichever is the
greater.
3. In addition to factors of training and experience the
county school board may adopt additional factors as incentives
for the determination and recognition of superior teaching and
service in the program of instruction, except that the national
teachers' examination, graduate record examination, or a gen-
eral knowledge test shall not be used as a factor in determining
salaries. The board, for its use in the assignment of teachers
and not for salary purposes, may administer tests in the sub-
jects in which the teacher is teaching.
4. The state board may authorize the adoption by any
county board of plans under which the yearly increments and
minimum salaries prescribed in paragraph (a) may be with-
held in special cases when such are found not to be warranted;
and in case of special hardship the state board may exempt a
county or counties from the said minimum salary requirements
if after full investigation it is found that such county or
counties are financially unable to meet such requirements in
any school year, but any such exemption shall not extend be-
yond the particular year authorized and in no event may ex-
emption be authorized for more than two successive years.
Section 4. Subsection (1) of section 236.07, Florida Stat-
utes, is amended to read:

236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

72 JOURNAL OF THE HOUSE

(1) DETERMINING TRAINING RANKS OF INSTRUC-
TIONAL PERSONNEL.-The state superintendent in accord-
ance with regulations prescribed by the state board, as provided
by section 231.16, shall determine for each county annually, as
of a date prescribed by the state board, the percentage of in-
structional personnel employed within each of the following
classifications, levels of training, and certification.
RANK I. Those under continuing contract and those not
under continuing contract as prescribed by law, holding certifi-
cates based on earned doctor's degree from a standard institu-
tion of higher learning and on such other qualifications as may
be prescribed by the state board of education.
RANK IA. Those under continuing contract and those not
under continuing contract as prescribed by law, holding certifi-
cates based on completion of a sixth (6th) year of college
study at the post-master's level at a standard institution of
higher learning, such sixth (6th) year of study shall be a pro-
gram planned by the institution of higher learning and ap-
proved by the state superintendent, and shall consist of a
planned sequence of at least thirty (30) semester hours of
graduate credit and on such other qualifications as may be
prescribed by the state board of education.
RANK II. Those under continuing contract and those not
under continuing contract, as prescribed by law, holding certifi-
cates based on an earned master's degree from a standard in-
stitution of higher learning and on such other qualifications as
may be prescribed by the state board of education.
RANK III. Those under continuing contract and those not
under continuing contract as prescribed by law, holding certifi-
cates based on a four-year college degree from a standard in-
stitution of higher learning and on such other qualifications
as may be prescribed by the state board of education.
RANK IV. Those holding certificates based on three to
three and nine tenths years of college training.
RANK V. Those holding certificates based on two to two
and nine tenths years of college training and those holding
certificates restricted to Rank V issued pursuant to law and
state board regulations.
RANK VI. Those holding certificates based on less than
two years of college training.
The rank of any certificate based on qualifications equivalent
to a degree established as of October 1, 1953, shall not be af-
fected; provided, that subsequent to October 1, 1953, ranks
may be established for the post-graduate and advanced post-
graduate certificates issued prior to October 1, 1955, based on
programs of teacher education equivalent to the master's degree
and the doctor's degree if such programs are approved by the
state department of education prior to October 1, 1953; and
provided, further, that subsequent to October 1, 1953, ranks
for personnel engaged in trade and industrial education and
adult education may be established on the basis of qualifications
which are equivalent to a degree as prescribed by regulations
of the state board of education.
Section 5. Paragraphs (a) and (b) of subsection (3) of
section 236.07, Florida Statutes, are amended to read:
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportionment
annually to each county foundation program fund shall be as
follows:
(3) DETERMINING THE AMOUNT TO BE INCLUDED
FOR INSTRUCTIONAL SALARIES.-
(a) Multiply the number of instruction units in Rank I by
[five thousand dollars], seven thousand seven hundred dollars
($7,700.00), in Rank IA by seven thousand dollars ($7,000.00),
in Rank II by [four thousand four hundred dollars], six thou-
sand three hundred dollars ($6,300.00), in Rank III by [three
thousand nine hundred fifty dollars], five thousand three
hundred dollars ($5,300.00), in Rank IV by three thousand

dollars ($3,000.00) and in Rank V by two thousand eight hun-
dred dollars ($2,800.00).
(b) For each instruction unit sustained by instructional
personnel under continuing contract in Ranks I, IA, II, and

I

E OF REPRESENTATIVES February 9, 1968

III, there shall be added four hundred dollars ($400.00); and
for each instruction unit sustained by instructional personnel
under continuing contract in Ranks I, IA, II, and III who have
completed seven years of efficient teaching service in Florida
public schools there shall be added an additional four hundred
dollars ($400.00); and for each instruction unit sustained by
instructional personnel under continuing contract in Ranks I,
IA, II, and III who have completed ten years of efficient teach-
ing service in Florida public schools [as aforesaid] there shall
be added an additional four hundred dollars ($400.00);
and for each instruction unit sustained by instructional per-
sonnel under continuing contract in Ranks I, IA, II, and III
who have completed fifteen years of efficient teaching service
in the Florida public schools there shall be added six hundred
dollars ($600.00) in addition to the above; provided, for any
county, which by local law a tenure program is provided in lieu
of continuing contracts, the state board of education shall by
regulations provide for the recognition and application of
comparable tenure requirements in lieu of the requirements
herein relating to continuing contracts.

236.05 Procedure for determining annual apportionment for
transportation to each county.-The annual apportionment to
each county board of public instruction for transportation to
the public schools of pupils in kindergarten through grade
twelve (12) and for physically handicapped pupils shall be
determined as follows:

(1) The number of pupils in average daily attendance, who
during the period prescribed by law, are transported at public
expense to public schools in the county approved for transpor-
tation under regulations of the state board and whose homes
are two (2) or more miles from the nearest appropriate school
shall be determined and certified to the state superintendent by
the county superintendent; provided that the mileage limitation
shall not apply to transportation of physically handicapped pu-
pils as authorized under regulations of the state board.

(2) The one-way miles in the morning, as adjusted by the
state superintendent, traveled by school transportation vehicles
operated at public expense for purposes of apportionment shall
be determined annually from certified data and maps of school
bus routes submitted by each county superintendent by adding:
(a) The loaded one-way miles of each school bus route in
the morning when designated in accordance with section 234.10,
Florida Statutes, and served by a bus having a combined pas-
senger seating capacity in excess of eighteen (18) linear feet,
and one half (1/2) of the loaded miles of each school bus route
served by a bus of a capacity of eighteen (18) linear feet or
less, when used to transport pupils whose homes are two (2)
miles or more from school except that miles traveled for a side
route to pick up children living within one and one half (1/2)
miles of the trunk route and mileage not essential in transport-
ing pupils eligible for transportation, as prescribed by regula-
tions of the state board shall not be added.

(b) Fifty per cent (50%) of the one-way miles traveled
without pupils in the morning on any school bus route by any
vehicles meeting criteria of paragraph (a).
(c) Ten per cent (10%) of the one-way miles traveled in
the morning on any school bus route on unpaved or unimproved
roads by any bus meeting criteria in paragraphs (a) and (b).

(3) A density index for each county shall be determined by
dividing the average daily attendance of pupils transported as
determined in subsection (1) by the adjusted one-way miles of
vehicular travel as determined in subsection (2) for each
county.

(4) The minimum foundation program allocation for trans-
portation for any one (1) county shall be calculated as follows:

(a) Multiply the average daily attendance for transported
pupils as determined in subsection (1) by the allowance per
pupil determined by the density index of the county and multi-
ply the adjusted one-way miles traveled as determined in sub-

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

section (2) by the allowance per adjusted
scribed below:

Density Index

6.00 and more
5.50 through 5.99
5.00 through 5.49
4.50 through 4.99
4.00 through 4.49
3.50 through 3.99
3.00 through 3.49
2.50 through 2.99
2.00 through 2.49
1.50 through 1.99
1.49 and less

Annual allowance
per pupil in
average daily
attendance in
kindergarten
through grade
twelve (12)

$10.00
11.00
12.00
13.00
14.00
15.00
16.00
17.00
18.00
19.00
20.00

bus mile as pre-

Annual allowance
per adjusted
bus mile

$61.20
59.40
57.60
55.80
54.00
52.20
50.40
48.60
46.80
45.00
43.20

(b) When authorized by regulations of the state board, in
lieu of average daily attendance in this subsection one thousand
two hundred fifty dollars ($1,250.00) shall be allowed for each
bus used exclusively for the purpose of transporting ten (10)
or more pupils classified as exceptional children as defined in
section 228.041(21), Florida Statutes, to a public school, and a
proportionate amount shall be allowed for a vehicle used ex-
clusively for the transportation of a smaller number of excep-
tional children in average daily attendance as prescribed by
regulations of the state board.
(c) When authorized by regulations of the state board an
annual allocation of twenty-one dollars and sixty cents ($21.60)
per mile shall be allowed for miles traveled by passenger cars
one-way in the morning with pupils as prescribed by regula-
tions of the state board.
(5) The following procedure shall be used in computing
the allocation of funds under the minimum foundation program
for the transportation of pupils who are enrolled in and trans-
ported at public expense to vocational-technical centers desig-
nated by the state board of vocational education to serve the
area:
(a) For each thirty (30) pupils in average daily attend-
ance as prescribed by the state board who live two (2) miles or
more from school, a transportation unit of one thousand two
hundred fifty dollars ($1,250.00) shall be added to the minimum
foundation program for transportation, and a proportionate
part of one thousand two hundred fifty dollars ($1,250.00) shall
be allowed for any number of such transported pupils in aver-
age daily attendance of less than thirty (30) whenever:
1. The vocational-technical center is operated as a separate
school center and pupils attending from the county of location
are assigned primarily to such centers by the county board.
2. The pupils are transported to the school designated as a
vocational-technical center from a cooperating county for in-
struction primarily in the vocational-technical program.
(b) For each pupil enrolled in a school center providing
basic education who during the school day is transported to or
from said center for a distance of two (2) or more miles to a
vocational-technical center designated for the area and located
within the same county and who is in attendance as prescribed
by regulations of the state board at such vocational-technical
center, there shall be allowed additional funds for transporta-
tion to be determined as follows:
1. The equivalent vehicular units shall be determined by
dividing the average daily number of pupils transported by
fifty (50).
2. Then multiply the equivalent vehicular units as deter-
mined in paragraph (a) by twice the mileage distance between
the two (2) schools by the nearest traveled road.
3. Then multiply the number of miles traveled by 20 cents
(20).
(c) During the first two (2) years of operation of a vo-
cational-technical center a transportation unit of one thousand
two hundred fifty dollars ($1,250.00) shall be allowed the coun-
ty board furnishing transportation for each thirty (30) pupils
or fraction thereof in average attendance during the first month
of each year of operation of the vocational-technical center.

tion programs, provisions for meeting the unique needs of the
individual child, provisions for teacher aides, technicians and
support personnel, and school plant maintenance. Provided, that
each county board shall, in determining the needs and develop-
ing the plan for educational improvements, give the highest

73

(6) The sum of paragraphs (a), (b), and (c) of sub-
sections (4) and (5) shall be the minimum foundation program
allocation for transportation for each county.
Section 7. Subsection (4) of section 236.07, Florida Stat-
utes, is amended to read: (Substantial rewording of subsection.
See section 236.07 (4), F.S., for present text.)
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(4) DETERMINING THE AMOUNT TO BE INCLUDED
FOR TRANSPORTATION; LIMITING USE TO LOWEST
ESTABLISHED PRICES.-The amount included in the mini-
mum foundation program for transportation shall be as pro-
vided in section 236.05, Florida Statutes. No county shall use
foundation program funds to purchase transportation equip-
ment and supplies at prices which exceed those found by the
state department of education to be the lowest which can be
obtained as prescribed in section 229.79, Florida Statutes.
Section 8. Subsection (5) of section 236.07, Florida Stat-
utes, is amended to read:
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(5) DETERMINING THE AMOUNT FOR CURRENT
EXPENSES OTHER THAN INSTRUCTIONAL SALARIES
AND TRANSPORTATION.-Multiply the number of instruc-
tion units, determined for each county according to law by
[three hundred twenty-five dollars] one thousand fifty dollars
($1,050.00) and this product shall be the amount included for
current expense other than instructional salaries and trans-
portation; provided, that of this product [twenty-five dollars]
one hundred dollars ($100.00) per instruction unit shall be
specifically designated for the purchase of instructional ma-
terials; and provided, further, that the state board shall estab-
lish minimum standards to be met by county boards in expend-
ing funds for other current expenses.
Section 9. Section 236.07, Florida Statutes, is amended by
adding a new subsection (6) and renumbering all remaining
subsections.
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(6) Determining the amount for education improvement
expense.-Multiply the number of instruction units, determined
for each county according to law, by one thousand five hundred
dollars ($1,500.00) and this product shall be the amount in-
cluded for education improvement expense; provided that this
total amount shall be used by the county board of public in-
struction for the purpose of improving the quality of the edu-
cational program based on an approved plan of utilization and
implementation. Each county board of public instruction shall
initiate an evaluation of the educational program needs in that
county and shall develop a systematic program of action for
meeting these needs both as to the immediate school year and
long range objectives incorporating a priority of the use of the
funds provided herein. Each county board of public instruction
shall, prior to July 1 each year, present to the state superin-
tendent for review and approval a plan for educational im-
provements to be accomplished that year which are in accord
with the long range objectives and are designed pursuant to
criteria prescribed by the state board of education. In develop-
ing the plans for education improvement each county shall pro-
vide in an order of priority of needs a plan which may include
but not necessarily be limited to compensatory education, in-
tensification in instruction in basic skills, extended services for
ill, hungry, and emotionally disturbed children, innovations in
technology and media, expanded public information services,
flexible staff organization, additional time for lunch and plan-
ning, expanded utilization of staff and facilities on a twelve
months basis, providing more adequate instruction materials,
expanded educational testing programs, expanded adult educa-

74 JOURNAL OF THE HOUSE

priority of need to the area of staff development, and the state
superintendent shall not approve any plan failing to meet this
requirement. In the event the plan has not been approved by
the state superintendent prior to August 31 of any year, the
county board shall set aside these funds in an earmarked re-
serve within the county school board budget. This reserve shall
be in addition to other reserves provided by law and shall not
be amended into an appropriation for expenditure until such
time that the plan for improvement of education has been ap-
proved by the state superintendent; provided further if the plan
has not been approved by February 1 of any year, the county
shall forfeit its right to these state funds and the state superin-
tendent shall certify this fact to the state comptroller who
shall withhold this amount from the remaining distributions of
state funds to that county until such time that the proper
amount has been retained by the state.
Section 10. Subsection (3) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four (4) year high
schools in each county, and for kindergartens in counties which
meet the erquirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(3) UNITS FOR KINDERGARTENS.-Instruction units
for kindergarten pupils in counties qualifying under law and
regulations of the state board for such services shall be com-
puted by allowing one (1) such unit for each twenty-five (25)
pupils or major fraction thereof in average daily attendance
in kindergartens in the county when teachers are employed on
a full-time basis[.]; provided, however, that before kindergarten
units for any county are approved for inclusion in the program
of state financial support for any year, a plan for organizing
and operating kindergartens in that county shall have been
submitted to and approved by the state superintendent of public
instruction; provided further that the state superintendent
shall not approve any state supported kindergarten unit unless
the individual teacher holds a valid Florida certificate covering
early childhood education, or is otherwise a well qualified
teacher who is working on a planned program for full certifica-
tion in early childhood education and who satisfactorily com-
pletes three semester hours of college credit each year, and pro-
vided further, that all approved units shall be housed in ade-
quate physical facilities including classroom, play area, and
equipment which have been approved by a representative of
the state superintendent of public instruction. The state board
shall have authority to authorize one unit for each class of
twenty (20) or more pupils in isolated centers where fewer
than twenty-five (25) pupils of kindergarten age are available.
When kindergartens are being organized in any county the
state board shall have authority to authorize during any year
one (1) unit for class of twenty (20) or more pupils proposed
by the county board to be organized in any new center in the
county. If at any school the kindergarten and one (1) or more
elementary grades are taught by one (1) teacher, instruction
units shall be computed on the basis of all kindergarten and
elementary pupils in attendance in schools of such classification.
Section 11. Subsection (7) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.

[(a)] For each [eight] five instruction units in a county,
determined as provided in subsections (1) to (6) inclusive of

OF REPRESENTATIVES February 9, 1968

this section: One instruction unit or proportionate fraction
of a unit shall be allowed for [administrative and] special
teacher [instructional] services which may include but not nec-
essarily be limited to personnel of the following types: princi-
pals, supervising principals, assistant principals, librarians,
materials specialists, guidance counselors, deans, physical edu-
cation tl.echeris, art teachers, music teachers, industrial arts
teachers, remedial reading specialists, teachers for special in-
structional projects such as dramatics, radio, courses on Ameri-
canism vs. Conmmuniisim, visiting teachers, coordinates of county-
wide summer educational enrichment programs, psychologists,
and other certiicated supporting staff, when used in accordance
with regulations prescribed by the state board.
[(b) For each five hundred pupils in average daily at-
tendance or proportionate fraction thereof in grades one
through twelve: One instruction unit shall be allowed for
school library services when approved by the state superin-
tendent pursuant to regulations of the state board which shall
include but not necessarily be limited to the following:
[1. The person employed on such a unit shall be a qualified
librarian as defined by the state board.
[2. After the 1966-67 school year the number of library
service instruction units allocated to any county shall be de-
creased by the number of full time librarians provided in 1963-
64 in that county except that each county shall be allocated at
least one library unit each year.
[3. The personnel employed on the library service instruc-
tion unit shall develop plans to secure funds from federal,
state, and other sources for the acquisition of instructional
materials in the schools of the county.
[4. That the personnel employed on a library service unit
shall assist the instructional staff at the primary school level
in the selection of instructional materials which extends basic
skills and develops reading abilities.
[5. The personnel employed on the library service instruc-
"tion unit shall assist other members of the instructional staff
in reviewing, evaluating and effectively utilizing instructional
materials in the instructional program of the schools.
[6. The personnel employed on a library service instruction
unit shall provide guidance and help which will afford each
pupil an opportunity to strengthen his reading skills in the
content areas and develop reading habits which fulfill his
varied and changing needs throughout his school career.
[7. Provided further that for each of the fiscal years 1965-
66 and 1966-67 the state superintendent shall approve one such
library service instruction unit in each county each year.]
Section 12. Subsection (8) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(8) [UNITS FOR SUPERVISORS OF INSTRUCTION.]
-UNITS FOR IMPROVEMENT OF INSTRUCTION.-
Each county board [which employs for the purpose of improv-
ing instruction in the county one (1) or more qualified super-
visors of instruction and] which adopts and carries out a plan
for improvement of instruction in the county, in accordance
with regulations of the state board and which employs qualified
personnel to implement such plan shall be entitled to [addi-
tional instruction] instructional improvement units [for each
supervisor of instruction employed] in the county as pre-
scribed below; provided, that any adjacent counties mav nro-

pose a plan which may be approved in accordance with regula-
tions of the state board for [cooperative employment of a
supervisor or supervisors of instruction] cooperation. The num-
ber of [instruction] instructional improvement units [for super-
visors] to which each county is entitled shall be determined as
follows:
(a) For the first one hundred (100) instruction units or
fraction thereof, [one (1)] two (2) [instruction] instructional

JOURNAL OF THE HOU

improvement units shall be allowed. [for the employment of a
general supervisor of instruction.]
(b) For each additional one hundred (100) instruction
units or fraction thereof, one (1) additional [instruction] in-
structional improvement unit shall be allowed. [for an addi-
tional supervisor of instruction if employed; provided, that no
county shall be entitled to more than six such additional in-
struction units for supervisors.]
(c) All instructional improvement units not filled by full-
time itst;-iictio)al personnel shall be computed at the average
value of instruction units in ranks II, IA, and I as prescribed
by law for twelve (12) months employment.
(d) Instructional improvement units are provided for the
purpose of solving specific educational problems and providing
within the schools of the state materials and services related
directly to the quality of instruction and not for merely ad-
ministrative purposes. The use of all units shall be in accord-
ance with regulations promulgated by the state board, and the
effectiveness of the use of these units shall be evaluated criti-
cally by the respective county board of public instruction and
the state superintendent and results reported to the state board.
Section 13. Paragraph (b) of subsection (2) of section
236.071, Florida Statutes, is amended to read:
236.071 Foundation program fund; state supervisory serv-
ice fund; formula for index of taxpaying ability.-
(2) The legislature finds and declares that substantially
equal public educational advantages should obtain in all coun-
ties of the state; that such equality does not now exist. In order
to provide in every county, from combined state and county
sources, substantially equivalent educational advantages, the
state minimum foundation program funds shall be apportioned
and distributed on the basis of educational needs and relative
taxpaying ability as prescribed by law, in the ascertainment of
which, the state board shall determine:
(b) The cost of the minimum foundation program as de-
termined in section 236.07, Florida Statutes.
In determining said index of the relative taxpaying ability
of the several counties of Florida, the state superintendent
shall find each county's per cent of the state total of each of
the following factors: Sales tax returns, gainfully employed
workers excluding government and farm workers, value of
farm products, assessed value of railroad and telegraph, auto-
mobile tag registration. The index of taxpaying ability for
each county expressed in terms of its per cent of the state total
taxpaying ability shall be determined as follows: Find the sum
of the county's per cent of sales tax returns multiplied by
[.3654] .2541 plus its per cent of gainfully employed workers
less government and farm workers multiplied by [.2442] .1832
plus its per cent of the value of farm products multiplied by
[.0586] .0530 plus its per cent of the railroad and telegraph
assessments multiplied by [.0461] .0319 plus its per cent of
automobile tag registrations multiplied by [.2857] .4778; fur-
thermore, if any county fails for any reason to make the mini-
mum financial effort required for the minimum foundation pro-
gram, the state's portion of the foundation program allocation
to that county shall be decreased proportionately. The state
superintendent shall obtain data for the factors included in the
index from the most reliable published source as determined by
the state board of education.
Section 14. Section 236.075, Florida Statutes, is amended to
read:
236.075 County school sales tax trust fund; creation and
use of; appropriation.-
(1) There is created in the office of the state treasurer a
county school sales tax trust fund. There is hereby annually
appropriated from the sales tax receipts deposited in the gen-
eral revenue fund to the aforesaid county school sales tax trust
fund, for use as hereinafter described, the amount equal to
the number of instruction units for kindergartens through
grades twelve (12) determined pursuant to section 236.04,
Florida Statutes, and the number of units for junior colleges
as determined pursuant to section 230.0114, Florida Statutes,
multiplied by five hundred [fifty] dollars ($500.00). The
amount herein annually appropriated shall be divided into

twelve (12) equal parts and each one-twelfth (1/12) part
shall be deposited monthly to the aforesaid county school sales
tax trust fund by the comptroller from the first sales
tax receipts deposited in the general revenue fund each month.

February 9, 1968

lated cost of the minimum foundation program for kindergarten
and grades one through twelve for all counties for the preced-
ing fiscal year for instructional salaries; transportation, and
current expenses other than instructional salaries and trans-
portation, and recalculation funds provided in 236.03 and 236.-
031, but exclusive of adjustments for prior years as provided
in subsection (9). Provided, however, that the combined re-
quired effort of all counties for grades one through twelve shall
not increase more than five per cent in any year.] For the

SE OF REPRESENTATIVES 75

(2) The moneys paid into the county school sales tax trust
fund under the provisions of subsection (1) shall be paid out
to the [county school fund] board of public instruction of the
several counties and to the designated operating board of the
several junior colleges as follows:
(a) On July 1 of each year, the state superintendent of
public instruction shall determine the total number of instruc-
tion units [in the state as determined in this chapter and the
number of instruction units] in each county for kindergartens
through grades twelve (12) pursuant to section 236.04, Florida
Statutes, and the number of instruction units for each junior
college pursuant to section 230.0114, Florida Statutes.
(b) The state superintendent of public instruction shall
multiply the number of instruction units in each of the several
counties and each of the several junior colleges by the amount
of five hundred [fifty] dollars ($500.00) and the resulting
product shall be the amount to be disbursed that year to the
board of public instruction of the several counties and to the
designated operating board of the several junior colleges in
twelve (12) monthly payments.
(c) Upon the monthly determination of the amount due
[as to] each county board [of public instruction] and each
junior college, the comptroller shall issue his warrants on the
county school sales tax trust fund payable to the several county
boards of public instruction and to the designated operating
boards of the several junior colleges in the amounts so de-
termined.
[(d) Upon the receipt of such warrants the county board of
public instruction shall deposit the same in the county school
fund and such funds shall be utilized in the same manner as
other money in the county school fund.]
(3) [Effective July 1, 1967,] The amount referred to in
[subsection (1) and subsection (2) (b) shall be increased to
one thousand fifty dollars per instruction unit, as determined
in accordance with the provisions of this section, said increase
being] this section shall be used for the purpose of providing
the funds necessary to enable the respective county boards of
public instruction and the respective operating boards of the
junior colleges to meet the required payments to the teachers'
retirement system, as provided by section 238.11(1), Florida
Statutes, and to the state and county officers and employees re-
tirement system, as provided by section 122.35(1), Florida
Statutes. Should the board of public instruction of any county
or the operating board of any junior college fail to make these
required payments, the amount owed by it to either system
shall be deducted by the comptroller from the sales tax alloca-
tion accruing to the county or the junior college pursuant to
this section and shall be remitted by him directly to the appro-
priate retirement fund for the credit of the county[.] or the
junior college.
Section 15. Section 236.75, Florida Statutes, is hereby re-
pealed.
Section 16. Chapter 65-398, Laws of Florida, is repealed.
Section 17. Subsection (8) of section 236.07, Florida Stat-
utes, is amended to read:
236.07 Procedure for determining annual apportionment
to each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall be
as follows:
(8) DETERMINING THE MINIMUM FINANCIAL EF-
FORT IN EACH FISCAL YEAR REQUIRED OF EACH
COUNTY FOR THE MINIMUM FOUNDATION PROGRAM.
-[The amount which each county shall provide toward the
cost of the minimum foundation program is that county's per
cent of the financial ability of the state as determined by an
index of relative taxpaying ability prescribed by law in section
236.071, F.S., multiplied by twenty-five percent of the relative
taxpaying ability prescribed by law in section 236.071, Florida
Statutes, multiplied by twenty-five per cent of the total calcu-

76 JOURNAL OF THE HOUSE

1968-69 fiscal year the amount which each county shall provide
toward the cost of the minimum foundation program shall be
that county's percent of the financial ability of the state as
determined by an index of relative taxpaying ability prescribed
by law in section 236.071, Florida Statutes, applied to the cal-
culated yield of five (5) mills of tax on the non-exempt as-
sessed valuation of the state for the preceding calendar year.
For each year thereafter the amount which each county shall
provide toward the cost of the minimum foundation program
shall be five (5) mills of tax on the non-exempt assessed valua-
tion of that county for the preceding calendar year. The finan-
cial effort of any county toward meeting the cost of the mini-
mum foundation program for that county shall consist of the
proceeds of either county or district or of both the county and
district current school taxes; provided, that when a county is
levying the maximum mills permitted by law, race track, fed-
eral impact, and national forest funds may be included. If a
county requests that instruction units for kindergartens be
included in its minimum foundation program and is entitled to
such units under the laws of the state, the financial effort re-
quired of that county as prescribed herein shall be increased
by five per cent (5%); provided, however, that [during each of
the first six (6) years in which kindergarten units are ap-
proved in the minimum foundation program] the increased
local effort shall not exceed three thousand dollars ($3,000.00)
for each kindergarten unit approved in the respective counties.
Section 18. Effective July 1, 1969 paragraph (b) of sub-
section (2) of section 236.071, Florida Statutes, is repealed.
Section 19. There is hereby appropriated to the minimum
foundation program fund, kindergarten through grade twelve
(12), from the general revenue fund for the fiscal year 1968-69
the amount of one hundred thirty seven million nine hundred
ten thousand five hundred forty seven dollars ($137,910,547.00)
which shall be added to and become a part of the appropria-
tions included in chapter 67-300, Laws of Florida, for the pur-
pose of carrying out the provisions of this act; for providing
five hundred (500) units for exceptional children under pro-
visions of section 236.04(4), Florida Statutes, and related spe-
cial teacher service units in addition to those included in chap-
ter 67-300, Laws of Florida; for providing funds required by
section 236.75, Florida Statutes; for providing six hundred
sixty one (661) units for kindergartens under provisions of
section 236.04(3), Florida Statutes, in addition to those in-
cluded in chapter 67-300, Laws of Florida, and related special
teacher service units; for providing three hundred fifty four
(354) units for first grade pupils as required by section 236.-
04(1) (d), (2) (a), (b) and (c), Florida Statutes, and related
special teacher service units in addition to those included in
chapter 67-300, Laws of Florida. For the 1968-69 fiscal year
the amount of state funds allocated to each county shall be no
less than the amount as determined by section 236.07(9), Flor-
ida Statutes, and section 236.075(1), Florida Statutes, for the
1967-68 fiscal year plus one thousand dollars ($1,000.00) per
instruction unit included in the March 1 computation of the
1967-68 minimum foundation program calculation, provided,
further, that in each county in which the combined village
levy for the operation of schools, exclusive of debt service, ex-
ceeds twelve (12) mills during the 1967-68 fiscal year, such
county shall apply that amount of the increased funds in 1968-
69 over 1967-68 provided pursuant to section 236.07(9), Florida
Statutes, and section 236.075(1), Florida Statutes, necessary to
reduce the village to twelve (12) mills; provided, however,
that not more than fifty percent (50%) of such increased funds
shall be used for effecting village reduction in the 1968-69
fiscal year.
Section 20. For the 1968-69 fiscal year the state budget com-
mission is authorized to transfer the appropriation contained
in item 2, section 4, chapter 67-300, Laws of Florida, to the
minimum foundation program fund, kindergarten through
grade twelve (12), and to the junior college minimum founda-
tion program fund at the rate of five hundred fifty dollars
($550.00) per instruction unit.
Section 21. Any section of this act, or any items herein
contained, if found to be invalid shall in no way affect other
sections or other items contained in this act.
Section 22. This act shall take effect July 1, 1968.

;E

Mr. Smith moved the adoption of the amendment.
Pending consideration thereof-
Representatives Graham and Pettigrew offered the follow-
ing amendment to the amendment:

"OF REPRESENTATIVES February 9, 1968

On page 34, line 4, insert the following as Section 19 and
Section 20 and renumber present 19 and 20 and the remain-
ing sections:
Section 19. Section 236.074, Florida Statutes, is amended
to read:
236.074 County school additional capital outlay trust fund
created.-
(1) ADDITIONAL CAPITAL OUTLAY.-In addition to the
capital outlay funds provided in section 18, Art. XII of the
constitution and section 236.07, Florida Statutes, there is pro-
vided hereby additional capital outlay funds in the amounts
and upon the conditions hereinafter provided.
(2) AVERAGE DAILY [ATTENDANCE] MEMBERSHIP.
-The term average daily [attendance] membership as used
in this section means average daily [attendance] membership
for grades [one.] kindergarten through twelve (12) in state
supported programs.
(3) APPROPRIATION FOR ADDITIONAL CAPITAL OUT-
LAY.-There is created in the office of the state treasurer a
county school additional capital outlay trust fund. There is
hereby annually appropriated from the general revenue fund
to the county school additional capital outlay trust fund of
the several counties maintained in the office of the state treas-
urer the sum [of thirteen million seven hundred fifty thou-
sand dollars to be distributed at the rate of an amount]
equal to [two hundred] one thousand two hundred dollars
($1,200.00) multiplied by the number of pupils in average
daily [attendance] membership for the last completed school
year commencing with the school year [1958-59] 1967-68
which is in excess of the number of pupils in average daily
[attendance] membership during the next preceding school
year as determined by law; provided that the average daily
[attendance] membership for the next preceding school year
shall never be computed for the purposes of this section as
less than the average daily [attendance] membership for any
school year commencing with and subsequent to the [1955-56]
1966-67 school year. [provided further, that any undistributed
balance of the appropriation herein made remaining at the
end of the first year of the biennium may be carried forward
and added to the amount available in the second year of the
biennium].
(4) LIMITATIONS ON APPROPRIATION.-The annual
appropriation made in subsection (3) of this section is sub-
ject to the following limitations:
(a) In order for a [county] district board of public in-
struction to avail itself of the appropriation in subsection
(3) of this section, it must create in its school fund a sepa-
rate fund known as the school construction fund. [and place
in the school construction fund from any source available to
such board an amount equal to the amount it seeks to obtain
from the appropriation under subsection (3) of this section,
provided that no money received from capital outlay funds
other than as provided in this section or proceeds from loans
against state appropriations, for capital outlay shall be in-
cluded in the school construction funds]. The school con-
struction fund so placed in the county school fund shall be
used solely for school [construction or reconstruction] capi-
tal outlay purposes

[(b) If, during the first year of any biennium, the school
construction fund of any county school fund does not receive
all or any part of the money to which it would be entitled
under subsection (4) (c) of this section if the county board of
public instruction had placed in the school construction
fund the amount required to receive the full amount available
under subsection (4) (c) of this section, the money not
so received shall remain to the credit of such county
in the county school additional capital outlay trust fund in the
office of the state treasurer and may be received by the school
construction fund of the county school fund of any county in
the second year of such biennium by the county board of pub-
lic instruction complying with the provisions of this subsec-

tion; provided if there has been a decrease in the average
daily attendance under subsection (3) of this section, then
the county board of public instruction of such county shall
only be entitled to such amount as would have remained to
the credit of the county board of public instruction if the ap-
propriation under subsection (3) of this section had been
calculated on the basis of the average daily attendance for the

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

first year of the biennium. Nothing in this paragraph shall be
construed to limit the rights of any county board of public
instruction as to funds appropriated under this section for the
second year of any biennium.

(c) Upon the funds referred to in paragraph (a) of this
subsection being deposited in the school construction fund,
the county board of public instruction shall furnish to the
state superintendent of public instruction such evidence there-
of as he may prescribe. Upon the receipt of such evidence,
the state superintendent of public instruction shall certify to
the comptroller the amount so deposited, who shall there-
upon issue a warrant on the funds in the county school addi-
tional capital outlay trust fund in the state treasurer's office
payable to the county board of public instruction in an amount
equal to the amount certified to him by the state superinten-
dent of public instruction and the county board of public in-
struction shall upon the receipt thereof place such funds in
the school construction fund in the county school fund to
be used for school construction or reconstruction and for
no other purpose.

(d) The funds in the school construction fund in the coun-
ty school fund of any county shall be used only for con-
struction or reconstruction] approved by the state board of
education and in accordance with the findings of the state
board of education as to priority of needs as shown by a
survey or surveys; provided that essential classroom facilities
shall in all cases be entitled to first priority.

(b) The state superintendent of public instruction, under
regulations of the state board of education, shall certify to
the comptroller the amount due to each county board of pub-
lic instruction; the comptroller shall issue his warrants on the
county school additional capital outlay trust fund in the state
treasurer's office payable to the several county boards of
public instruction in the amounts certified. Upon receipt of
such warrants, the district board of public instruction shall
deposit the same in the school construction fund.

[(e)] (c) The funds in the school construction fund in
the district school fund of any county may be invested as
provided by law for the investment of other funds in the
school fund until they can be utilized for [the construction
or reconstruction] school capital outlay purposes as required
under this section; provided that such funds and the interest
accruing thereon shall be expended for no purpose other than
[the construction or reconstruction] school capital outlay pur-
poses provided for under this section.

(d) Each school district shall report to the state board of
education or its successor all capital construction funds re-
ceived from federal sources and the amount certified under
subsection (b), above, shall be reduced by 50% of the extent
that such federal funds can be attributed to the growth in av-
erage daily membership. This subsection shall not apply if
its application would result in the loss of any federal funds to
any school district.

[(5) FUNDS NOT MATCHED SHALL REVERT TO
GENERAL REVENUE FUND.-All funds under subsection
(3) of this section remaining in the county school additional
capital outlay trust fund in the office of the state treasurer at
the end of each biennium shall revert to the general revenue
fund of the state and the several county boards of public in-
struction shall have no right or claim thereto.

(6) DECLARATION OF INTENTION.-It is the declared
intent of the legislature that the appropriations provided by this
section and the funds provided by the county boards of public
instruction to qualify for the same shall be used for no purpose
other than the construction and reconstruction of schools under
the provisions of this section and facts arising which may make
the duties imposed hereunder impossible of performance by a
county board of public instruction shall not discharge such
duties and thereby entitle such county board of public instruc-
tion to utilize the funds for any other purpose.]

Section 20. There is hereby appropriated from the general
revenue fund for the fiscal year 1968-69 thirty-nine million three

hundred fifty-eight thousand dollars ($39,358,000.00) which
shall be added to and become a part of the appropriations
included in Chapter 67-300, Laws of Florida, for the purpose
of carrying out the provisions of section 19 of this act.

77

Mr. Graham moved the adoption of the amendment to the
amendment, which was adopted. The vote was:
Yeas-71

Representatives Clark, Holloway, Spicola, McNulty, and
Ryals were recorded as voting Yea and Representative Gustaf-
son changed his vote from Nay to Yea.
The question recurred on the adoption of the amendment, as
amended, which was adopted. The vote was:
Yeas-97

Representative Mann offered the following amendment:
Strike all after the Enacting Clause and insert the following:
Section 1. The State Board of Education shall recommend
to the legislature at each regular session the amount necessary
to be expended in order to accomplish the following objectives:
(1) To provide for continuous improvement of education in
each district.
(2) To provide education to each child in Florida during
the year 1975-76 and each year thereafter at a level of quality
unsurpassed by any one (1) of the United States.
(3) To insure that public kindergartens are available to
each child of appropriate age during and after the year 1975-
76.

78

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(4) To provide such additional services within correctional
institutions, child training centers, the Florida School for the
Deaf and Blind, and any other institution not under the control
of a district school board, in such a way as to facilitate the
return of persons in such institutions to their homes as useful
citizens.
Section 2. (1) Prior to the year 1975-76, funds appropri-
ated by the state for educational purposes shall be allocated by
the state board to the appropriate institutions and to the sev-
eral school districts in such a manner as to insure that educa-
tion in each institution and district will improve and that the
objectives of this act will be obtained no later than the year
1975-76. During this period, allocations shall be made to each
district by adding to the expenditures per pupil within such
district during the year 1967-68 one-seventh (1/7) of the dif-
ference between such amount and the amount determined from
time to time to be necessary in order to make the quality of
education in Florida unsurpassed by any other state. Such latter
amount is hereby determined for the year 1968-69 as nine hun-
dred dollars ($900.00) per pupil. For the year 1968-69, each
district shall be allocated an amount per pupil equal to the per
pupil expenditure in such district during 1967-68, plus one-
seventh (1/7) of the difference between such amount and nine
hundred dollars ($900.00), provided that the state board may
reduce any such allocation if it finds that the school district
has budgeted the expenditure of its funds in such a manner as
will impede the attainment of excellence by 1975-76.
(2) (a) Subsequent to the year 1975-76, such, allocation
shall be made by first computing the requirements of particular
institutions and allocating the same; then by computing and
allocating amounts needed to provide transportation accord-
ing to law, then by allocating funds for current operating ex-
penses to each school district by computing the total amount
within each school district and deducting therefrom the pro-
ceeds of federal impact funds; racing commission funds allo-
cated to school boards, exclusive of those earmarked for debt
service; and other categorical federal programs providing for
other than general use of the school board, and ad valorem
taxes levied within such district at a millage to be determined
by the board upon the advice of the comptroller which shall
insure a uniform rate of taxation after allowances for varia-
tions in assessment levels and after further deducting federal
impact funds, payments to school districts in lieu of taxes, and
other funds received by the district for the operation of public
schools except those funds allocated for specific pupils or pro-.
grams.
(b) In the event any school district fails to levy ad valorem
taxes at the millage required by the board to participate in the
program, the board shall allocate to each district only that per-
centage of the funds to which it would otherwise be entitled
which the millage levied bears to the millage required.

(c) Any school district may upon approval of the electors of
the district at a referendum levy up to three (3) mills in ad-
dition to such millage as may be required for participation in
the state program.

Section 3. The board shall require a detailed program
budget to be furnished by each district showing the manner in
which allocations of funds to the district will be used. Each
district shall conduct management audits to determine the ef-
fectiveness of existing programs and past expenditures. Each
district shall provide a comprehensive and balanced educational
program without neglecting vocational, technical and adult ed-
ucation, libraries, physical education, the training and education
of exceptional children, remedial education, and the special re-
quirements of young children in the learning of reading and
number skills.
Section 4. The State Public School Board may require that
the number of days during which the schools are open is in-
creased over the transitional period to two hundred and ten
(210) days; that a schedule of salary supplements dependent
upon additional responsibility be established and implemented;
that provisions be made for auxiliary personnel within the
schools. The State Public School Board shall further require
that the work of all instructional personnel is so scheduled as
to permit reasonable time for lunch and planning purposes.

Section 5. Each district school board shall adopt a plan
whereunder differences in professional personnel employed by
such board shall be identified and prescribed in accordance with
sound educational practice.

February 9, 1968

Section 6. In addition to the basic salary schedule adopted
by such district in which compensation is based upon education
and experience a supplemental salary schedule shall be adopted
in which salary supplements based upon additional professional
responsibility are paid.
Section 7. The following illustrative model may, but need
not be, adopted: Assuming a basic salary schedule ranging to
nine thousand dollars ($9,000.00) for ten (10) months service,
the total amount of such salary supplements shall be no more
than two percent (2%) of the total amount of salary based on
the basic salary scale in the school year 1968-1969, which aggre-
gate percentage shall increase at the rate of no more than two
percent (2%) per year until the total amount expended for
professional responsibility salary supplements shall exceed ten
percent (10%) of the aggregate amount of salaries paid un-
der the basic salary scale. Insofar as practicable professional
responsibility salary supplements averaging ten percent (10%)
of the individual's salary based on education and experience
shall be paid to twenty-five percent (25%) of the professional
instruction personnel; supplements averaging twenty percent
(20%) of the basic salary shall be paid to ten percent (10%)
of the professional instruction personnel; supplements averag-
ing forty percent (40%) of the basic salary shall be paid to six
percent (6%) of the professional instruction personnel; supple-
ments averaging sixty percent (60%) of the basic salary shall
be paid to four percent (4%) of the professional instruction
personnel; supplements averaging eighty percent (80%) of the
basic salary shall be paid to three percent (3%) of the pro-
fessional instruction personnel; supplements averaging one hun-
dred percent (100%) of the basic salary shall be paid to two
percent (2%) of the professional instruction personnel during
the school year 1975-1976 and thereafter. Salaries paid to su-
perintendents, their principal deputies and assistants may be
paid in excess of the amount provided by the professional re-
sponsibility salary supplement scale.
Section 8. The State Public School Board shall allocate
sums not to exceed three percent (3%) of the total expenditures
for education in kindergarten through grade twelve (12) for
continued education of teachers and in furtherance of this pur-
pose may establish such programs, institutions and courses as
may appear reasonably necessary or contract for the establish-
ment of the same. The board may provide for payment of ex-
penses of school personnel involved.
Section 9. There is appropriated for the purposes of this
act for the fiscal year 1968-69 in excess of sums previously
appropriated the sum of two hundred ten million dollars
($210,000,000.00).
Section 10. This act shall take effect July 1, 1968.
Mr. Mann moved the adoption of the amendment, which was
adopted. The vote was:

Representative Wolfson changed his vote from Yea to Nay.
On motion by Mr. Smith, the rules were waived and SB
77-X(68) was read the third time in full.
On motion by Mr. Papy, the House agreed to reconsider the
vote by which SB 77-X(68) was placed on third reading. The
vote was:
Yeas-64

Representative Miers changed his vote from Nay to Yea.
Without objection, Mr. Smith withdrew his motion for third
reading.

Excused
Representative Hartnett was excused from attendance of
the Session for the remainder of the day due to illness.

JSE OF REPRESENTATIVES 79

Recess
On motion by Mr. Rowell, the House stood in informal re-
cess at 4:20 P.M., to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 4:38 P.M.
A quorum was present.
Continuation of Consideration of SB 77-X(68)
Representative Pettigrew offered the following amendment:
Strike everything after the enacting clause and insert the fol-
lowing:
Section 1. Subsection (4) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(4) UNITS FOR EXCEPTIONAL CHILDREN.-Each
school board shall provide an appropriate program of special
instruction for exceptional children; such programs shall be
implemented in annual increments so that all exceptional chil-
dren shall be served by 1973. Instruction units for exceptional
children shall be computed as follows:
(a) The term "exceptional child" shall mean any educable
child or youth whose physical functions or members are so im-
paired, as certified by a competent physician, that he cannot
be adequately educated in the regular classes of the public
schools or that he cannot be adequately educated in such classes
without the provision of special facilities or services; and any
other educable child or youth who, because of a physical,
emotional or mental condition, has been certified by a competent
specialist qualified under regulations of the state board to ex-
amine exceptional children, as unsuitable for enrollment in a
regular class of the public schools or as unable to be ade-
quately educated in the regular classes of the public schools
without the provision of special educational facilities or serv-
ices. Instruction units for exceptional children shall be com-
puted when the following requirements for participation have
been met:
1. Each county board which participates in this program
shall submit annually to the state superintendent a plan out-
lining its proposed procedure for the provision of special edu-
cational services for exceptional children and no funds au-
thorized herein may be allotted to any county until such plan
has been approved in writing by the state superintendent in
accordance with regulations of the state board.
2. No child shall be given special services under the terms
of this law as an exceptional child until he is properly classi-
fied as an exceptional child in keeping with the definition given
above. A copy of the report certifying to the child's condition
shall be kept on file in the office of the principal of the school
in which the child is enrolled.
3. In providing for the education of exceptional children
the county superintendent, principals and teachers shall utilize
the regular school facilities and adapt them to the needs of
exceptional children wherever this is possible. No child shall
be segregated and taught apart from normal children until a
careful study of the child's case has been made and evidence
obtained which indicates that segregation would be for the
child's benefit or is necessary because of difficulties involved in
teaching the child in a regular class.
4. The principal of the school in which the child is taught
shall keep a written record of the case history of each excep-
tional child showing the reason for the child's withdrawal from
the regular class in the public school and his enrollment in or
withdrawal from a special class for exceptional children and

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 9, 1968

this record shall be available for inspection by school officials
at any time.
(b) For each group of ten or more exceptional children to
be taught by a properly qualified full time teacher as a special
class, or taught individually as home bound or hospitalized
children unable to attend school for the major portion of a
year; one instruction unit shall be allowed. The minimum num-
ber of pupils required for such unit may be reduced to not less
than five, as authorized by regulations of the state board, for
special situations where the instruction of a larger number
would not be feasible or practicable. One-fifth of a unit may
be authorized for each exceptional child taught in communities
where fewer than five exceptional children are in need of special
instruction as determined by the county board in accordance
with the provisions of law.
(c) For each properly qualified member of the instructional
staff devoting full time to the instruction or improvement of
exceptional children from regular classes as prescribed by reg-
ulations of the state board: one instruction unit shall be al-
lowed.
(d) For each group of ten or more exceptional children
between three and five years of age for whom professional de-
termination has been made that such programs are required
to prepare the child [who need special instruction] for en-
trance into special classes or schools [because of deafness or
other similar handicaps], as prescribed by regulations of the
state board, and for the instruction of which a full time quali-
fied teacher is to be employed: one instruction unit shall be
allowed.
(e) When a pupil is unable to attend school because he is
homebound or hospitalized, instructional services may be pro-
vided by a duly qualified teacher or teachers, and one instruc-
tion unit shall be allowed for each nine hundred instruction
hours and a proportionate part of one unit shall be allowed for
less than nine hundred instruction hours.
Section 2. Subsection (1) of section 231.09, Florida Stat-
utes, is amended to read:
231.09 Duties of instructional personnel.-Members of the
instructional staff of the public schools, subject to the rules
and regulations of the state board and of the county board,
shall perform the following functions:

(1) TEACHING.-Teach efficiently and faithfully, using
the books and materials required, following the prescribed
courses of study, and employing approved methods of instruc-
tion, the following: The essentials of the United States consti-
tution, flag education, including proper flag display and flag
salute, the elements of civil government, the elementary princi-
ples of agriculture, a positive attitude toward the dignity of
work, the dignity and value of all legitimate occupational
pursuits, the true effects of all alcoholic and intoxicating li-
quors and beverages and narcotics upon the human body and
mind, the adverse health effects and implications of cigarette
smoking, kindness to animals, the history of the state, conserva-
tion of natural resources, and such additional materials, sub-
jects, courses, or fields in such grades as may be prescribed by
law or by regulations of the state board and the county board in
fulfilling the requirements of law; provided, that state and
county school officials shall furnish and put into execution a
system and method of teaching the true effects of alcohol and
narcotics on the human body and mind, the adverse health ef-
fects and implications of cigarette smoking, provide the neces-
sary textbooks, literature, equipment, and directions, see that
such subjects are efficiently taught by means of pictures, charts,
oral instruction, and lectures and other approved methods, and
require such reports as are deemed necessary to show the work
which is being covered and the results being accomplished, and
provided further, that any child whose parent shall present to
the school principal a signed statement that the teaching of
disease, its symptoms, development and treatment, and the
viewing of pictures or motion pictures of such subjects conflict
with the religious teachings of their church, shall be exempt
from such instruction, and no child so exempt shall be pena-
lized by reason of such exemption.
Section 3. Paragraph (a) of subsection (6) of section 236.-
02, Florida Statutes, is amended to read:

236.02 Minimum requirements of the foundation program.-
Each county which participates in the state appropriations for
the foundation program shall provide evidence of its effort to

maintain an adequate school program throughout the county
and shall meet at least the following requirements:
(6) SALARY SCHEDULES.-Expend funds for salaries
in accordance with a salary schedule or schedules adopted by
the county board in accordance with the provisions of law and
regulations of the state board.
(a) Such schedule or schedules for instructional personnel
shall make provision for the following:
1. [A minimum annual salary of four thousand dollars for
each member of the instructional staff to whom a continuing
contract has been issued; and] No member of the instructional
staff holding a Rank III or higher certificate shall be paid an
amount which is less than the salary allotment prescribed for
the Rank III annual contract classification in section 236,07
(3) (a), Florida Statutes; and
2. [Additional yearly increments to each such member un-
der continuing contract, in recognition of experience and pro-
fessional growth, assuring a minimum annual salary of five
thousand dollars, commencing with the eleventh year of effi-
cient teaching service in the public school system of this state,
and including the services set forth in section 238.01(4).]
Additional yearly increments shall be incorporated in the sched-
ules to provide for not less than fifteen years of efficient teach-
ing service in the public school system of this state, including
the services set forth in section 238.01 (4), Florida Statutes.
No member of the instructional staff shall be paid an amount
less than ninety percent (90%) of the salary allotment pre-
scribed in section 236.07(3), Florida Statutes, for the rank
certificate and contract status of that person, or the amount
prescribed in subsection (6) (a)1. above, whichever is the
greater.
3. In addition to factors of training and experience the
county school board may adopt additional factors as incentives
for the determination and recognition of superior teaching and
service in the program of instruction, except that the national
teachers' examination, graduate record examination, or a gen-
eral knowledge test shall not be used as a factor in determining
salaries. The board, for its use in the assignment of teachers
and not for salary purposes, may administer tests in the sub-
jects in which the teacher is teaching.
4. The state board may authorize the adoption by any
county board of plans under which the yearly increments and
minimum salaries prescribed in paragraph (a) may be with-
held in special cases when such are found not to be warranted;
and in case of special hardship the state board may exempt a
county or counties from the said minimum salary requirements
if after full investigation it is found that such county or
counties are financially unable to meet such requirements in
any school year, but any such exemption shall not extend be-
yond the particular year authorized and in no event may ex-
emption be authorized for more than two successive years.
Section 4. Subsection (1) of section 236.07, Florida Stat-
utes, is amended to read:
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(1) DETERMINING TRAINING RANKS OF INSTRUC-
TIONAL PERSONNEL.-The state superintendent in accord-
ance with regulations prescribed by the state board, as provided
by section 231.16, shall determine for each county annually, as
of a date prescribed by the state board, the percentage of in-
structional personnel employed within each of the following
classifications, levels of training, and certification.
RANK I. Those under continuing contract and those not
under continuing contract as prescribed by law, holding certifi-
cates based on earned doctor's degree from a standard institu-
tion of higher learning and on such other qualifications as may
be prescribed by the state board of education.
RANK IA. Those under continuing contract and those not
under continuing contract, as prescribed by law, holding certifi-
cates based on completion of a sixth (6th) year of college
study at the post-master's level at a standard institution of

higher learning, such sixth (6th) year of study shall be a pro-
gram planned by the institution of higher learning and ap-
proved by the state superintendent, and shall consist of a
planned sequence of at least thirty (30) semester hours of
graduate credit and on such other qualifications as may be
prescribed by the state board of education.

80

JOURNAL OF THE HOL

RANK II. Those under continuing contract and those not
under continuing contract, as prescribed by law, holding certifi-
cates based on an earned master's degree from a standard in-
stitution of higher learning and on such other qualifications as
may be prescribed by the state board of education.
RANK III. Those under continuing contract and those not
under continuing contract as prescribed by law, holding certifi-
cates based on a four-year college degree from a standard in-
stitution of higher learning and on such other qualifications
as may be prescribed by the state board of education.
RANK IV. Those holding certificates based on three to
three and nine tenths years of college training.
RANK V. Those holding certificates based on two to two
and nine tenths years of college training and those holding
certificates restricted to Rank V issued pursuant to law and
state board regulations.
RANK VI. Those holding certificates based on less than
two years of college training.
The rank of any certificate based on qualifications equivalent
to a degree established as of October 1, 1953, shall not be af-
fected; provided, that subsequent to October 1, 1953, ranks
may be established for the post-graduate and advanced post-
graduate certificates issued prior to October 1, 1955, based on
programs of teacher education equivalent to the master's degree
and the doctor's degree if such programs are approved by the
state department of education prior to October 1, 1953; and
provided, further, that subsequent to October 1, 1953, ranks
for personnel engaged in trade and industrial education and
adult education may be established on the basis of qualifications
which are equivalent to a degree as prescribed by regulations
of the state board of education.
Section 5. Paragraphs (a) and (b) of subsection (3) of
section 236.07, Florida Statutes, are amended to read:
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportionment
annually to each county foundation program fund shall be as
follows:
(3) DETERMINING THE AMOUNT TO BE INCLUDED
FOR INSTRUCTIONAL SALARIES.-
(a) Multiply the number of instruction units in Rank I by
[five thousand dollars], seven thousand seven hundred dollars
($7,700.00), in Rank IA by seven thousand dollars ($7,000.00),
in Rank II by [four thousand four hundred dollars], six thou-
sand three hundred dollars ($6,300.00), in Rank III by [three
thousand nine hundred fifty dollars], five thousand three
hundred dollars ($5,300.00), in Rank IV by three thousand
dollars ($3,000.00) and in Rank V by two thousand eight hun-
dred dollars ($2,800.00).
(b) For each instruction unit sustained by instructional
personnel under continuing contract in Ranks I, IA, II, and
III, there shall be added four hundred dollars ($400.00); and
for each instruction unit sustained by instructional personnel
under continuing contract in Ranks I, IA, II, and III who have
completed seven years of efficient teaching service in Florida
public schools there shall be added an additional four hundred
dollars ($400.00); and for each instruction unit sustained by
instructional personnel under continuing contract in Ranks I,
IA, II, and III who have completed ten years of efficient teach-
ing service in Florida public schools [as aforesaid] there shall
be added an additional four hundred dollars ($400.00);
and for each instruction unit sustained by instructional per-
sonnel under continuing contract in Ranks I, IA, II, and III
who have completed fifteen years of efficient teaching service in
the Florida public schools there shall be added six hundred dol-
lars ($600.00) in addition to the above; provided, for any county,
which by local law a tenure program is provided in lieu of
continuing contracts, the state board of education shall by
regulations provide for the recognition and application of
comparable tenure requirements in lieu of the requirements
herein relating to continuing contracts.
Section 6. Section 236.05, Florida Statutes, is amended to
read: (Substantial rewording of section. See section 236.05,
F.S., for present text.)
236.05 Procedure for determining annual apportionment for

transportation to each county.-The annual apportionment to
each county board of public instruction for transportation to
the public schools of pupils in kindergarten through grade

February 9, 1968

Density Index

6.00 and more
5.50 through 5.99
5.00 through 5.49
4.50 through 4.99
4.00 through 4.49
3.50 through 3.99
3.00 through 3.49
2.50 through 2.99
2.00 through 2.49
1.50 through 1.99
1.49 and less

Annual allowance
per pupil in
average daily
attendance in
kindergarten
through grade
twelve (12)

$10.00
11.00
12.00
13.00
14.00
15.00
16.00
17.00
18.00
19.00
20.00

Annual allowance
per adjusted
bus mile

$61.20
59.40
57.60
55.80
54.00
52.20
50.40
48.60
46.80
45.00
43.20

(b) When authorized by regulations of the state board, in
lieu of average daily attendance in this subsection one thousand
two hundred fifty dollars ($1,250.00) shall be allowed for each
bus used exclusively for the purpose of transporting ten (10)
or more pupils classified as exceptional children as defined in
section 228.041(21), Florida Statutes, to a public school, and a
proportionate amount shall be allowed for a vehicle used ex-
clusively for the transportation of a smaller number of excep-
tional children in average daily attendance as prescribed by
regulations of the state board.
(c) When authorized by regulations of the state board an
annual allocation of twenty-one dollars and sixty cents ($21.60)

ISE OF REPRESENTATIVES 81

twelve (12) and for physically handicapped pupils shall be
determined as follows:
(1) The number of pupils in average daily attendance, who
during the period prescribed by law, are transported at public
expense to public schools in the county approved for transpor-
tation under regulations of the state board and whose homes
are two (2) or more miles from the nearest appropriate school
shall be determined and certified to the state superintendent by
the county superintendent; provided that the mileage limitation
shall not apply to transportation of physically handicapped pu-
pils as authorized under regulations of the state board.
(2) The one-way miles in the morning, as adjusted by the
state superintendent, traveled by school transportation vehicles
operated at public expense for purposes of apportionment shall
be determined annually from certified data and maps of school
bus routes submitted by each county superintendent by adding:
(a) The loaded one-way miles of each school bus route in
the morning when designated in accordance with section 234.10,
Florida Statutes, and served by a bus having a combined pas-
senger seating capacity in excess of eighteen (18) linear feet,
and one half (V) of the loaded miles of each school bus route
served by a bus of a capacity of eighteen (18) linear feet or
less, when used to transport pupils whose homes are two (2)
miles or more from school except that miles traveled for a side
route to pick up children living within one and one half (12)
miles of the trunk route and mileage not essential in transport-
ing pupils eligible for transportation, as prescribed by regula-
tions of the state board shall not be added.
(b) Fifty per cent (50%) of the one-way miles traveled
without pupils in the morning on any school bus route by any
vehicles meeting criteria of paragraph (a).
(c) Ten per cent (10%) of the one-way miles traveled in
the morning on any school bus route on unpaved or unimproved
roads by any bus meeting criteria in paragraphs (a) and (b).
(3) A density index for each county shall be determined by
dividing the average daily attendance of pupils transported as
determined in subsection (1) by the adjusted one-way miles of
vehicular travel as determined in subsection (2) for each
county.
(4) The minimum foundation program allocation for trans-
portation for any one (1) county shall be calculated as follows:
(a) Multiply the average daily attendance for transported
pupils as determined in subsection (1) by the allowance per
pupil determined by the density index of the county and multi-
ply the adjusted one-way miles traveled as determined in sub-
section (2) by the allowance per adjusted bus mile as pre-
scribed below:

82 JOURNAL OF THE HOUSE

per mile shall be allowed for miles traveled by passenger cars
one-way in the morning with pupils as prescribed by regula-
tions of the state board.
(5) The following procedure shall be used in computing
the allocation of funds under the minimum foundation program
for the transportation of pupils who are enrolled in and trans-
ported at public expense to vocational-technical centers desig-
nated by the state board of vocational education to serve the
area:
(a) For each thirty (30) pupils in average daily attend-
ance as prescribed by the state board who live two (2) miles or
more from school, a transportation unit of one thousand two
hundred fifty dollars ($1,250.00) shall be added to the minimum
foundation program for transportation, and a proportionate
part of one thousand two hundred fifty dollars ($1,250.00) shall
be allowed for any number of such transported pupils in aver-
age daily attendance of less than thirty (30) whenever:
1. The vocational-technical center is operated as a separate
school center and pupils attending from the county of location
are assigned primarily to such centers by the county board.
2. The pupils are transported to the school designated as a
vocational-technical center from a cooperating county for in-
struction primarily in the vocational-technical program.
(b) For each pupil enrolled in a school center providing
basic education who during the school day is transported to or
from said center for a distance of two (2) or more miles to a
vocational-technical center designated for the area and located
within the same county and who is in attendance as prescribed
by regulations of the state board at such vocational-technical
center, there shall be allowed additional funds for transporta-
tion to be determined as follows:
1. The equivalent vehicular units shall be determined by
dividing the average daily number of pupils transported by
fifty (50).
2. Then multiply the equivalent vehicular units as deter-
mined in paragraph (a) by twice the mileage distance between
the two (2) schools by the nearest traveled road.
3. Then multiply the number of miles traveled by 20 cents
(200).
(c) During the first two (2) years of operation of a vo-
cational-technical center a transportation unit of one thousand
two hundred fifty dollars ($1,250.00) shall be allowed the coun-
ty board furnishing transportation for each thirty (30) pupils
or fraction thereof in average attendance during the first month
of each year of operation of the vocational-technical center.
(6) The sum of paragraphs (a), (b), and (c) of sub-
sections (4) and (5) shall be the minimum foundation program
allocation for transportation for each county.
Section 7. Subsection (4) of section 236.07, Florida Stat-
utes, is amended to read: (Substantial rewording of subsection.
See section 236.07 (4), F.S., for present text.)
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(4) DETERMINING THE AMOUNT TO BE INCLUDED
FOR TRANSPORTATION; LIMITING USE TO LOWEST
ESTABLISHED PRICES.--The amount included in the mini-
mum foundation program for transportation shall be as pro-
vided in section 236.05, Florida Statutes. No county shall use
foundation program funds to purchase transportation equip-
pment and supplies at prices which exceed those found by the
state department of education to be the lowest which can be
obtained as prescribed in section 229.79, Florida Statutes.
Section 8. Subsection (5) of section 236.07, Florida Stat-
utes, is amended to read:
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:

E

(5) DETERMINING THE AMOUNT FOR CURRENT
EXPENSES OTHER THAN INSTRUCTIONAL SALARIES
AND TRANSPORTATION.-Multiply the number of instruc-
tion units, determined for each county according to law by

OF REPRESENTATIVES February 9, 1968

[three hundred twenty-five dollars] one thousand fifty dollars
($1,050.00) and this product shall be the amount included for
current expense other than instructional salaries and trans-
portation; provided, that of this product [twenty-five dollars]
one hundred dollars ($100.00) per instruction unit shall be
specifically designated for the purchase of instructional ma-
terials; and provided, further, that the state board shall estab-
lish minimum standards to be met by county boards in expend-
ing funds for other current expenses.
Section 9. Section 236.074, Florida Statutes, is amended to
read:
236.074 County school additional capital outlay trust fund
created.-
(1) ADDITIONAL CAPITAL OUTLAY.-In addition to
the capital outlay funds provided in section 18, Art. XII of the
constitution and section 236.07, Florida Statutes, there is pro-
vided hereby additional capital outlay funds in the amounts
and upon the conditions hereinafter provided.
(2) AVERAGE DAILY [ATTENDANCE] MEMBER-
SHIP.-The term average daily [attendance] membership as
used in this section means average daily [attendance] member-
ship for grades [one] kindergarten through twelve (12) in
state supported programs.
(3) APPROPRIATION FOR ADDITIONAL CAPITAL
OUTLAY.-There is created in the office of the state treasurer
a county school additional capital outlay trust fund. There is
hereby annually appropriated from the general revenue fund
to the county school additional capital outlay trust fund of the
several counties maintained in the office of the state treasurer
the sum [of thirteen million seven hundred fifty thousand dol-
lars to be distributed at the rate of an amount] equal to [two
hundred] one thousand two hundred dollars ($1,200.00) multiplied
by the number of pupils in average daily [attendance] mem-
bership for the last completed school year commencing with the
school year [1958-59] 1967-68 which is in excess of the number
of pupils in average daily [attendance] membership during the
next preceding school year as determined by law; provided that
the average daily [attendance] membership for the next pre-
ceding school year shall never be computed for the purposes of
this section as less than the average daily [attendance] mem-
bership for any school year commencing with and subsequent
to the [1955-56] 1966-67 school year. [provided further, that any
undistributed balance of the appropriation herein made remain-
ing at the end of the first year of the biennium may be carried
forward and added to the amount available in the second year
of the biennium.]
(4) LIMITATIONS ON APPROPRIATION.-The annual
appropriation made in subsection (3) of this section is subject
to the following limitations:
(a) In order for a [county] district board of public instruc-
tion to avail itself of the appropriation in subsection (3) of
this section, it must create in its school fund a separate fund
known as the school construction fund. [and place in the school
construction fund from any source available to such board an
amount equal to the amount it seeks to obtain from the appro-
priation under subsection (3) of this section, provided that no
money received from capital outlay funds other than as pro-
vided in this section or proceeds from loans against state appro-
priations, for capital outlay shall be included in the school con-
struction funds.] The school construction fund so placed in the
county school fund shall be used solely for school [construction
or reconstruction] capital outlay purposes

[(b) If, during the first year of any biennium, the school
construction fund of any county school fund does not receive
all or any part of the money to which it would be entitled under
subsection (4) (c) of this section if the county board of public
instruction had placed in the school construction fund the
amount required to receive the full amount available under sub-
section (4) (c) of this section, the section, the money not so
received shall remain to the credit of such county in the county
school additional capital outlay trust fund in the office of the
state treasurer and may be received by the school construction

fund of the county school fund of any county in the second
year of such biennium by the county board of public instruction
complying with the provisions of this subsection; provided if
there has been a decrease in the average daily attendance under
subsection (3) of this section, then the county board of public
instruction of such county shall only be entitled to such amount
as would have remained to the credit of the county board of

JOURNAL OF THE HOt

public instruction if the appropriation under subsection (3)
of this section had been calculated on the basis of the average
daily attendance for the first year of the biennium. Nothing in
this paragraph shall be construed to limit the rights of any
county board of public instruction as to funds appropriated
under this section for the second year of any biennium.
[(c) Upon the funds referred to in paragraph (a) of this
subsection being deposited in the school construction fund,
the county board of public instruction shall furnish to the
state superintendent of public instruction such evidence there-
of as he may prescribe. Upon the receipt of such evidence, the
state superintendent of public instruction shall certify to the
comptroller the amount so deposited, who shall thereupon issue
a warrant on the funds in the county school additional capital
outlay trust fund in the state treasurer's office payable
to the county board of public instruction in an amount equal to
the amount certified to him by the state superintendent of public
instruction and the county board of public instruction shall
upon the receipt thereof place such funds in the school con-
struction fund in the county school fund to be used for
school construction or reconstruction and for no other pur-
pose.
[(d) The funds in the school construction fund in the
county school fund of any county shall be used only for con-
struction or reconstruction] approved by the state board of
education and in accordance with the findings of the state
board of education as to priority of needs as shown by a
survey or surveys; provided that essential classroom facilities
shall in all cases be entitled to first priority.
(b) The state superintendent of public instruction, under
regulations of the state board of education, shall certify to
the comptroller the amount due to each county board of public
instruction; the comptroller shall issue his warrants on the
county school additional capital outlay trust fund in the
state treasurer's office payable to the several county boards
of public instruction in the amounts certified. Upon receipt
of such warrants, the district board of public instruction shall
deposit the same in the school construction fund.

[(e)] (c) The funds in the school construction fund in the
district school fund of any county may be invested as provided
by law for the investment of other funds in the school fund
until they can be utilized for [the construction or reconstruc-
tion] school capital outlay purposes as required under this
section; provided that such funds and the interest accruing
thereon shall be expended for no purpose other than [the
construction or reconstruction] school capital outlay purposes
provided for under this section.
(d) Each school district shall report to the state board
of education or its successor all capital construction funds
received from federal sources and the amount certified under
subsection (b), above, shall be reduced by 50% of the extent
that such federal funds can be attributed to the growth in
average daily membership. This subsection shall not apply if
its application would result in the loss of any federal funds to
any school district.
[(5) FUNDS NOT MATCHED SHALL REVERT TO
GENERAL REVENUE FUND.--All funds under subsection
(3) of this section remaining in the county school additional
capital outlay trust fund in the office of the state treasurer
at the end of each biennium shall revert to the general reve-
nue fund of the state and the several county boards of public
instruction shall have no right or claim thereto.
[(6) DECLARATION OF INTENTION.-It is the declared
intent of the legislature that the appropriations provided by
this section and the funds provided by the county boards of
public instruction to qualify for the same shall be used for
no purpose other than the construction and reconstruction of
schools under the provisions of this section and facts arising
which may make the duties imposed hereunder impossible of
performance by a county board of public instruction shall not
discharge such duties and thereby entitle such county board of
public instruction to utilize the funds for any other purpose.]
Section 10. There is hereby appropriated from the general
revenue fund for the fiscal year 1968-69 thirty-nine million
three hundred fifty-eight thousand dollars ($39,358,000.00)
which shall be added to and become a part of the appropriations
included in Chapter 67-300, Laws of Florida, for the purpose

of carrying out the provisions of section 19 of this act.
Section 11. Section 236.07, Florida Statutes, is amended by

February 9, 1968

a full-time basis[.] ; provided, however, that before kindergarten
units for any county are approved for inclusion in the program
of state financial support for any year, a plan for organizing
and operating kindergartens in that county shall have been
submitted to and approved by the state superintendent of public

JSE OF REPRESENTATIVES 83

adding a new subsection (6) and renumbering all remaining
subsections.
236.07 Procedure for determining annual apportionment to
each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall
be as follows:
(6) Determining the amount for education improvement
expense.-Multiply the number of instruction units, determined
for each county according to law, by one thousand five hundred
dollars ($1,500.00) and this product shall be the amount in-
cluded for education improvement expense; provided that this
total amount shall be used by the county board of public in-
struction for the purpose of improving the quality of the edu-
cational program based on an approved plan of utilization and
implementation. Each county board of public instruction shall
initiate an evaluation of the educational program needs in that
county and shall develop a systematic program of action for
meeting these needs both as to the immediate school year and
long range objectives incorporating a priority of the use of the
funds provided herein. Each county board of public instruction
shall, prior to July 1 each year, present to the state superin-
tendent for review and approval a plan for educational im-
provements to be accomplished that year which are in accord
with the long range objectives and are designed pursuant to
criteria prescribed by the state board of education. In develop-
ing the plans for education improvement each county shall pro-
vide in an order of priority of needs a plan which may include
but not necessarily be limited to compensatory education, in-
tensification in instruction in basic skills, extended services for
ill, hungry, and emotionally disturbed children, innovations in
technology and media, expanded public information services,
flexible staff organization, additional time for lunch and plan-
ning, expanded utilization of staff and facilities on a twelve
months basis, providing more adequate instruction materials,
expanded educational testing programs, expanded adult educa-
tion programs, provisions for meeting the unique needs of the
individual child, provisions for teacher aides, technicians and
support personnel, and school plant maintenance. Provided, that
each county board shall, in determining the needs and develop-
ing the plan for educational improvements, give the highest
priority of need to the area of staff development, and the state
superintendent shall not approve any plan failing to meet this
requirement. In the event the plan has not been approved by
the state superintendent prior to August 31 of any year, the
county board shall set aside these funds in an earmarked re-
serve within the county school board budget. This reserve shall
be in addition to other reserves provided by law and shall not
be amended into an appropriation for expenditure until such
time that the plan for improvement of education has been ap-
proved by the state superintendent; provided further if the plan
has not been approved by February 1 of any year, the county
shall forfeit its right to these state funds and the state superin-
tendent shall certify this fact to the state comptroller who
shall withhold this amount from the remaining distributions of
state funds to that county until such time that the proper
amount has been retained by the state.
Section 12. Subsection (3) of section 236.04, Florida Stat-
utes, is amended to read:

236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four (4) year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(3) UNITS FOR KINDERGARTENS.-Instruction units
for kindergarten pupils in counties qualifying under law and
regulations of the state board for such services shall be com-
puted by allowing one (1) such unit for each twenty-five (25)
pupils or major fraction thereof in average daily attendance
in kindergartens in the county when teachers are employed on

84 JOURNAL OF THE HOUSI

instruction; provided further that the state superintendent
shall not approve any state supported kindergarten unit unless
the individual teacher holds a valid Florida certificate covering
early childhood education, or is otherwise a well qualified
teacher who is working on a planned program for full certifica-
tion in early childhood education and who satisfactorily com-
pletes three semester hours of college credit each year, and pro-
vided further, that all approved units shall be housed in ade-
quate physical facilities including classroom, play area, and
equipment which have been approved by a representative of
the state superintendent of public instruction. The state board
shall have authority to authorize one unit for each class of
twenty (20) or more pupils in isolated centers where fewer
than twenty-five (25) pupils of kindergarten age are available.
When kindergartens are being organized in any county the
state board shall have authority to authorize during any year
one (1) unit for class of twenty (20) or more pupils proposed
by the county board to be organized in any new center in the
county. If at any school the kindergarten and one (1) or more
elementary grades are taught by one (1) teacher, instruction
units shall be computed on the basis of all kindergarten and
elementary pupils in attendance in schools of such classification.
Section 13. Subsection (7) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(7) UNITS FOR [ADMINISTRATIVE AND] SPECIAL
TEACHER [INSTRUCTIONAL] SERVICES.-
[(a)] For each [eight] five instruction units in a county,
determined as provided in subsections (1) to (6) inclusive of
this section: One instruction unit or proportionate fraction
of a unit shall be allowed for [administrative and] special
teacher [instructional] services which may include but not nec-
essarily be limited to personnel of the following types: princi-
pals, supervising principals, assistant principals, librarians,
materials specialists, guidance counselors, deans, physical edu-
cation teachers, art teachers, music teachers, industrial arts
teachers, remedial reading specialists, teachers for special in-
structional projects such as dramatics, radio, courses on Ameri-
canism vs. Communism, visiting teachers, coordinates of county-
wide summer educational enrichment programs, psychologists,
and other certificated supporting staff, when used in accordance
with regulations prescribed by the state board.
[(b) For each five hundred pupils in average daily at-
tendance or proportionate fraction thereof in grades one
through twelve: One instruction unit shall be allowed for
school library services when approved by the state superin-
tendent pursuant to regulations of the state board which shall
include but not necessarily be limited to the following:
[1. The person employed on such a unit shall be a qualified
librarian as defined by the state board.
[2. After the 1966-67 school year the number of library
service instruction units allocated to any county shall be de-
creased by the number of full time librarians provided in 1963-
64 in that county except that each county shall be allocated at
least one library unit each year.
[3. The personnel employed on the library service instruc-
tion unit shall develop plans to secure funds from federal,
state, and other sources for the acquisition of instructional
materials in the schools of the county.
[4. That the personnel employed on a library service unit
shall assist the instructional staff at the primary school level
in the selection of instructional materials which extends basic

skills and develops reading abilities.
[5. The personnel employed on the library service instruc-
tion unit shall assist other members of the instructional staff
in reviewing, evaluating and effectively utilizing instructional
materials in the instructional program of the schools.

I

taxpaying ability as prescribed by law, in the ascertainment of
which, the state board shall determine:

(b) The cost of the minimum foundation program as de-
termined in section 236.07, Florida Statutes.

E OF REPRESENTATIVES February 9, 1968

[6. The personnel employed on a library service instruction
unit shall provide guidance and help which will afford each
pupil an opportunity to strengthen his reading skills in the
content areas and develop reading habits which fulfill his
varied and changing needs throughout his school career.
[7. Provided further that for each of the fiscal years 1965-
66 and 1966-67 the state superintendent shall approve one such
library service instruction unit in each county each year.]
Section 14. Subsection (8) of section 236.04, Florida Stat-
utes, is amended to read:
236.04 Procedure for determining number of instruction
units.-The number of instruction units for instructional per-
sonnel for elementary, junior and senior or four year high
schools in each county, and for kindergartens in counties which
meet the requirements of law for instruction for such groups,
shall be determined from the average daily attendance in the
public schools of the county for the preceding year and from
reports on instructional personnel for the ensuing year in the
manner prescribed below, provided the attendance of students
may not be counted more than once in determining instruction
units.
(8) [UNITS FOR SUPERVISORS OF INSTRUCTION.-]
UNITS FOR IMPROVEMENT OF INSTRUCTION.-
Each county board [which employs for the purpose of improv-
ing instruction in the county one (1) or more qualified super-
visors of instruction and] which adopts and carries out a plan
for improvement of instruction in the county, in accordance
with regulations of the state board and which employs qualified
personnel to implement such plan shall be entitled to [addi-
tional instruction] instructional improvement units [for each
supervisor of instruction employed] in the county as pre-
scribed below; provided, that any adjacent counties may pro-
pose a plan which may be approved in accordance with regula-
tions of the state board for [cooperative employment of a
supervisor or supervisors of instruction] cooperation. The num-
ber of [instruction] instructional improvement units [for super-
visors] to which each county is entitled shall be determined as
follows:
(a) For the first one hundred (100) instruction units or
fraction thereof, [one (1)] two (2) [instruction] instructional
improvement units shall be allowed. [for the employment of a
general supervisor of instruction.]
(b) For each additional one hundred (100) instruction
units or fraction thereof, one (1) additional [instruction] in-
structional improvement unit shall be allowed. [for an addi-
tional supervisor of instruction if employed; provided, that no
county shall be entitled to more than six such additional in-
struction units for supervisors.]
(c) All instructional improvement units not filled by full-
timce instructional personnel shall be computed at the average
value of instruction units in ranks II, IA, and I as prescribed
by law for twelve (12) months employment.
(d) Instructional improvement units are provided for the
purpose of solving specific educational problems and providing
within the schools of the state materials and services related
directly to the quality of instruction and not for merely ad-
ministrative purposes. The use of all units shall be in accord-
ance with regulations promulgated by the state board, and the
effectiveness of the use of these units shall be evaluated criti-
cally by the respective county board of public instruction and
the state superintendent and results reported to the state board.
Section 15. Paragraph (b) of subsection (2) of section
236.071, Florida Statutes, is amended to read:
236.071 Foundation program fund; state supervisory serv-
ice fund; formula for index of taxpaying ability.-
(2) The legislature finds and declares that substantially
equal public educational advantages should obtain in all coun-
ties of the state; that such equality does not now exist. In order
to provide in every county, from combined state and county
sources, substantially equivalent educational advantages, the
state minimum foundation program funds shall be apportioned
and distributed on the basis of educational needs and relative

JOURNAL OF THE HOL

In determining said index of the relative taxpaying ability
of the several counties of Florida, the state superintendent
shall find each county's per cent of the state total of each of
the following factors: Sales tax returns, gainfully employed
workers excluding government and farm workers, value of
farm products, assessed value of railroad and telegraph, auto-
mobile tag registration. The index of taxpaying ability for
each county expressed in terms of its per cent of the state total
taxpaying ability shall be determined as follows: Find the sum
of the county's per cent of sales tax returns multiplied by
[.3654] .2541 plus its per cent of gainfully employed workers
less government and farm workers multiplied by [.2442] .1832
plus its per cent of the value of farm products multiplied
y [.0586] .0530 plus its per cent of the railroad and tele-
graph assessments multiplied by [.0461] .0319 plus its per cent
of automobile tag registrations multiplied by [.2857] .4778; fur-
thermore, if any county fails for any reason to make the mini-
mum financial effort required for the minimum foundation pro-
gram, the state's portion of the foundation program allocation
to that county shall be decreased proportionately. The state
superintendent shall obtain data for the factors included in the
index from the most reliable published source as determined by
the state board of education.
Section 16. Section 236.075, Florida Statutes, is amended to
read:
236.075 County school sales tax trust fund; creation and
use of; appropriation.-
(1) There is created in the office of the state treasurer a
county school sales tax trust fund. There is hereby annually
appropriated from the sales tax receipts deposited in the gen-
eral revenue fund to the aforesaid county school sales tax trust
fund, for use as hereinafter described, the amount equal to
the number of instruction units for kindergartens through
grades twelve (12) determined pursuant to section 236.04,
Florida Statutes, and the number of units for junior colleges
as determined pursuant to section 230.0114, Florida Statutes,
multiplied by five hundred [fifty] dollars ($500.00). The
amount herein annually appropriated shall be divided into
twelve (12) equal parts and each one-twelfth (1/12) part
shall be deposited monthly to the aforesaid county school sales
tax trust fund by the comptroller from the first sales
tax receipts deposited in the general revenue fund each month.
(2) The moneys paid into the county school sales tax trust
fund under the provisions of subsection (1) shall be paid out
to the [county school fund] board of public instruction of the
several counties and to the designated operating board of the
several junior colleges as follows:
(a) On July 1 of each year, the state superintendent of
public instruction shall determine the total number of instruc-
tion units [in the state as determined in this chapter and the
number of instruction units] in each county for kindergartens
through grades twelve (12) pursuant to section 236.04, Florida
Statutes, and the number of instruction units for each junior
college pursuant to section 230.0114, Florida Statutes.
(b) The state superintendent of public instruction shall
multiply the number of instruction units in each of the several
counties and each of the several junior colleges by the amount
of five hundred [fifty] dollars ($500.00) and the resulting
product shall be the amount to be disbursed that year to the
board of public instruction of the several counties and to the
designated operating board of the several junior colleges in
twelve (12) monthly payments.
(c) Upon the monthly determination of the amount due
[as to] each county board [of public instruction] and each
junior college, the comptroller shall issue his warrants on the
county school sales tax trust fund payable to the several county
boards of public instruction and to the designated operating
boards of the several junior colleges in the amounts so de-
termined.
[(d) Upon the receipt of such warrants, the county board of
public instruction shall deposit the same in the county school
fund and such funds shall be utilized in the same manner as
other money in the county school fund.]

(3) [Effective July 1, 1967,] The amount referred to in
[subsection (1) and subsection (2) (b) shall be increased to
one thousand fifty dollars per instruction unit, as determined
in accordance with the provisions of this section, said increase
being] this section shall be used for the purpose of providing

February 9, 1968

ten thousand five hundred forty seven dollars ($137,910,547.00)
which shall be added to and become a part of the appropria-
tions included in chapter 67-300, Laws of Florida, for the pur-
pose of carrying out the provisions of this act; for providing
five hundred (500) units for exceptional children under pro-
visions of section 236.04(4), Florida Statutes, and related spe-
cial teacher service units in addition to those included in chap-

ISE OF REPRESENTATIVES 85

the funds necessary to enable the respective county boards of
public instruction and the respective operating boards of the
junior colleges to meet the required payments to the teachers'
retirement system, as provided by section 238.11(1), Florida
Statutes, and to the state and county officers and employees
retirement system, as provided by section 122.35(1), Florida
Statutes. Should the board of public instruction of any county
or the operating board of any junior college fail to make these
required payments, the amount owed by it to either system
shall be deducted by the comptroller from the sales tax alloca-
tion accruing to the county or the junior college pursuant to
this section and shall be remitted by him directly to the appro-
priate retirement fund for the credit of the county[.] or the
junior college.
Section 17. Section 236.75, Florida Statutes, is hereby re-
pealed.
Section 18. Chapter 65-398, Laws of Florida, is repealed.
Section 19. Subsection (8) of section 236.07, Florida Stat-
utes, is amended to read:
236.07 Procedure for determining annual apportionment
to each county.-The procedure for determining the apportion-
ment annually to each county foundation program fund shall be
as follows:
(8) DETERMINING THE MINIMUM FINANCIAL EF-
FORT IN EACH FISCAL YEAR REQUIRED OF EACH
COUNTY FOR THE MINIMUM FOUNDATION PROGRAM.
-[The amount which each county shall provide toward the
cost of the minimum foundation program is that county's per
cent of the financial ability of the state as determined by an
index of relative taxpaying ability prescribed by law in section
236.071, F.S., multiplied by twenty-five percent of the relative
taxpaying ability prescribed by law in section 236.071, Florida
Statutes, multiplied by twenty-five per cent of the total calcu-
lated cost of the minimum foundation program for kindergarten
and grades one through twelve for all counties for the preced-
ing fiscal year for instructional salaries; transportation, and
current expenses other than instructional salaries and trans-
portation, and recalculation funds provided in 236.03 and 236.-
031, but exclusive of adjustments for prior years as provided
in subsection (9). Provided, however, that the combined re-
quired effort of all counties for grades one through twelve shall
not increase more than five per cent in any year.] For the
1968-69 fiscal year the amount which each county shall provide
toward the cost of the minimum foundation program shall be
that county's percent of the financial ability of the state as
determined by an index of relative taxpaying ability prescribed
by law in section 236.071, Florida Statutes, applied to the cal-
culated yield of five (5) mills of tax on the non-exempt as-
sessed valuation of the state for the preceding calendar year.
For each year thereafter the amount which each county shall
provide toward the cost of the minimum foundation program
shall be five (5) mills of tax on the non-exempt assessed valua-
tion of that county for the preceding calendar year. The finan-
cial effort of any county toward meeting the cost of the mini-
mum foundation program for that county shall consist of the
proceeds of either county or district or of both the county and
district current school taxes; provided, that when a county is
levying the maximum mills permitted by law, race track, fed-
eral impact, and national forest funds may be included. If a
county requests that instruction units for kindergartens be
included in its minimum foundation program and is entitled to
such units under the laws of the state, the financial effort re-
quired of that county as prescribed herein shall be increased
by five per cent (5%); provided, however, that [during each of
the first six (6) years in which kindergarten units are ap-
proved in the minimum foundation program] the increased
local effort shall not exceed three thousand dollars ($3,000.00)
for each kindergarten unit approved in the respective counties.
Section 20. Effective July 1, 1969 paragraph (b) of sub-
section (2) of section 236.071, Florida Statutes, is repealed.
Section 21. There is hereby appropriated to the minimum
foundation program fund, kindergarten through grade twelve
(12), from the general revenue fund for the fiscal year 1968-69
the amount of one hundred thirty seven million nine hundred

JOURNAL OF THE HOUSE OF REPRESENTATIVES

ter 67-300, Laws of Florida; for providing funds required by
section 236.75, Florida Statutes; for providing six hundred
sixty one (661) units for kindergartens under provisions of
section 236.04(3), Florida Statutes, in addition to those in-
cluded in chapter 67-300, Laws of Florida, and related special
teacher service units; for providing three hundred fifty four
(354) units for first grade pupils as required by section 236.-
04(1) (d), (2) (a), (b) and (c), Florida Statutes, and related
special teacher service units in addition to those included in
chapter 67-300, Laws of Florida. For the 1968-69 fiscal year
the amount of state funds allocated to each county shall be no
less than the amount as determined by section 236.07 (9), Flor-
ida Statutes, and section 236.075 (1), Florida Statutes, for the
1967-68 fiscal year plus one thousand dollars ($1,000.00) per
instruction unit included in the March 1 computation of the
1967-68 minimum foundation program calculation, provided,
further, that in each county in which the combined millage
levy for the operation of schools, exclusive of debt service, ex-
ceeds twelve (12) mills during the 1967-68 fiscal year, such
county shall apply that amount of the increased funds in 1968-
69 over 1967-68 provided pursuant to section 236.07(9), Florida
Statutes, and section 236.075(1), Florida Statutes, necessary to
reduce the village to twelve (12) mills; provided further,
however, that if more than 50% of such increased funds
would be required to effect a reduction to the level of twelve
mills, then a county is only required to reduce to the level
that would be achieved by the use of said 50% of increased
funds.
Section 22. For the 1968-69 fiscal year the state budget com-
mission is authorized to transfer the appropriation contained
in item 2, section 4, chapter 67-300, Laws of Florida, to the
minimum foundation program fund, kindergarten through
grade twelve (12), and to the junior college minimum founda-
tion program fund at the rate of five hundred fifty dollars
($550.00) per instruction unit.
Section 23. Any section of this act, or any items herein
contained, if found to be invalid shall in no way affect other
sections or other items contained in this act.
Section 24. This act shall take effect July 1, 1968.
Mr. Pettigrew moved the adoption of the amendment, which
was adopted. The vote was:
Yeas-61

Representative Stevens was recorded as voting Yea.
Representative Powell offered the following amendment:
On page 35, line 19, insert the following as Section 23 and
renumber the remaining sections:
Section 23. Effective in fiscal year 1968-69 and each year
thereafter, the state of Florida shall provide an amount of
money to each county or district participating in Public
Law 874 which shall be that amount computed as follows:
the difference between that county's or district's computed en-

February 9, 1968

titlement under the provisions of Public Law 874 that year
and the actual amount remitted by the federal government to
that county or district that year. For the purpose of carrying
out the intent of this section there is hereby appropriated from
the general revenue fund six million dollars ($6,000,000.00)
for the 1968-69 fiscal year.
Mr. Powell moved the adoption of the amendment which
was adopted.
Representatives Stafford, Register and others offered the
following amendment:
Insert new Sections 5 and 6 and renumber remaining sections
as follows:
Section 5. The state department of education or its suc-
cessor (hereinafter referred to as the department) shall estab-
lish and maintain a merit system for the promotion of school
instructional personnel (hereinafter referred to as teachers)
and is empowered to establish such rules and regulations as
are necessary for the efficient administration and operation of
the merit system.
Section 6. It shall be the duty of the department to estab-
lish and administer merit examinations to conform with the
following standards and guidelines:
(1) A comprehensive examination to be revised annually
and designed for pupils who have completed the school year
in which the examination is given shall be given to pupils
once during the first two (2) weeks of the school year and
again during the last two (2) weeks of the school year. The
examination or copies thereof shall not be made available to
teachers, principals or assistants in the school system, either
before or after the times set for administering the examina-
tion. Each examination will be graded by the department and
results recorded with copies sent to the respective teachers.
(2) The department shall compare scores of the individual
pupils and an analysis will be made as to the relative change
in scores over the year for each class a particular teacher
instructs during the school year. Results of this statistical
analysis will be sent to the respective teachers, principals and
county boards of public instruction. Each teacher shall be
evaluated as to the percentile rank in relative improvement
of his class with all other teachers' classes at the same level
throughout the state.
(3) Scores for individual pupils shall be compared and
ranked on a percentile basis with all other similarly ranked
pupils in the state. Both raw and percentile scores for indi-
viduals shall be made available to the respective pupils.
(4) Salary increases for teachers shall be based on the rel-
ative performance of their class or classes as measured by
the relative rank of improvement as determined by the two
(2) examinations. Raises shall be given to those teachers
whose classes' relative improvement is in the higher ranks and
little or no raises shall be given to those teachers whose class-
es' relative improvement is in the lower ranks.
(5) Whenever a teacher's class or classes' relative im-
provement continues to place in the lower ranks, the teacher
may be dismissed from the state school system for at least
one (1) year to allow the teacher to return to school to be-
come more proficient. Continued placement in lower ranks
(40 percentile or below) shall be defined as three (3) consec-
utive years or four (4) years out of any five (5) year per-
iod.
(6) Examinations need not be written when other types
of tests are deemed more appropriate.
(7) Whenever courses of instruction are conducted for
only one-half (/) year, special mid-year examinations shall be
administered and the average performance of the two (2)
halves shall be used for the evaluation of the teacher.
(8) Special instructional classes for deficient or proficient
pupils shall not be included in overall teacher evaluation,
but placed in comparable classifications statewide.
Mr. Stafford moved the adoption of the amendment which
was adopted. The vote was:
Yeas-50

Representatives Graham and Myers were recorded as vot-
ing Nay and Representatives Mann and Sessums changed their
vote from Yea to Nay.
Representatives Register and Stafford offered the following
amendment:
On page 9, following line 27 and preceding line 28 insert the
following:
Section 1A. Subsection (6) of section 231.36, Florida Stat-
utes, is amended to read:
231.36 Contracts with instructional staff.-
(6) Any member of the county administrative or supervi-
sory staff and any member of the instructional staff, in-
cluding any principal, may be suspended or dismissed at any
time; provided that no such employee holding a continuing con-
tract may be discharged or removed during the school year
without opportunity to be heard at a public hearing after at
least ten (10) days' written notice of the charges against him
and of the time and place of hearing; and, provided further,
that the charges must be based on:
(a) Inefficiency measured by evaluation process to be es-
tablished by the legislature.
(b) Incapacity in the areas of

1. Emotional stability

2. Physical ability
3. General educational background
4. Competency in one's particular field.
(c) Misconduct in violation of a code of ethics or which
detracts from professional status.
(d) Insubordination or willful neglect of duties and respon-
sibilities normally expected of a teacher.
(e) Drunkenness as evidenced by incapacity to perform nor-
mal teaching duties or by conviction in a court of law.

(f) Immorality as defined by the society in which the indi-
vidual lives, and any conviction of an illegal act.
Whenever such charges are made against any such employee of
the county board, the county board may suspend such person
without pay, pending a speedy hearing of such charges if re-
quested by the employee, but if charges are not sustained he
shall be immediately reinstated, and his back salary shall be
paid. In cases of suspension by the county board or by the
county superintendent, the county board shall hold a public
hearing if requested by the employee, after notice as above pro-
vided, to determine upon the evidence submitted whether the
charges have been sustained and, if said charges are sustained,
either to dismiss said employee or fix the terms under which
said employee may be reinstated. If such charges are sustained
by a majority vote of the full membership of the county board
and such employee is discharged, his contract of employment
shall be thereby canceled. If the employee is under continuing

87

contract, any such decision adverse to him may be appealed
by him in writing to the state board, through the state super-
intendent, for review; provided such appeal is filed within thirty
(30) days after the decision of the county board, and provided
further that the decision of the state board shall be final as
to sufficiency of the grounds for dismissal.
Mr. Register moved the adoption of the amendment which
was adopted.
Representative Pratt offered the following amendment:
In Section 5, on page 15, line 9, strike paragraphs 3(a) and
3(b) and insert the following: (a) The salary of a Rank I
certificate will be $6050.00, in Rank II $5450.00, and Rank III
$5000.00. (b) For each instruction unit sustained by instruc-
tional personnel under continuing contract in Ranks I, II, and
III, there shall be added $400.00; and for each instruction unit
sustained by instructional personnel under continuing contract
in Rank I, II, and III, who have completed ten years of effi-
cient teaching service in Florida public schools there shall be
added $400.00.
Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Mr. Gautier moved the previous question on SB 77-X(68),
which was agreed to.

On motion by Mr. Smith, the rules were
77-X(68) was read the third time in full
amended. The vote was:
Yeas-83

Representatives Gustafson, Hodes, Middlemas, King, and
Yancey were recorded as voting Yea and Representative Scar-
borough changed his vote from Yea to Nay.

PAIR VOTE
I am paired with Representative Hartnett. If he were pres-
ent, he would have voted Yea and I would have voted Nay on
the final passage of SB 77-X(68), as amended.
Representative Robert T. Mann
I am paired with Representative James. If he were pres-
ent, he would have voted Nay ad I would have voted Y
on the final passage of SB 77-X(68), as amended.
Representative John J. Savage
I am paired with Representative Sweeny. If he were pres-
ent, he would have voted Nay and I would have voted Yea
on the final passage of SB 77-X(68), as amended.
Representative William H. Fleece
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
SB 76-X(68)-A bill to be entitled An act relating to junior

88 JOURNAL OF THE HOUSI

colleges; amending section 230.0114(2), Florida Statutes; re-
vising the procedure for providing recalculation funds; amend-
ing section 230.0115(1), Florida Statutes; revising the procedure
for determining units; amending section 230.0117(2), Florida
Statutes; revising the amount for salaries; providing for sal-
aries beyond the regular term; adding paragraphs (d) and (e)
providing for staff and program development and salaries to
be used for apportionment purposes only; amending section
230.0117(4), Florida Statutes; revising the amount for other
current expenses; amending section 230.0117(8), Florida Stat-
utes; removing the provision for reducing the allocation from
the state funds by the difference between the amount included
in the minimum foundation program for salaries and the amount
actually paid to instructors; providing an appropriation; pro-
viding an effective date.
-was taken up.
On motion by Mr. Reed, the rules were waived and SB
76-X(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
On page 1, line 23, strike all after Enacting Clause and in-
sert the following: There is hereby appropriated XXX dollars
($XXX) for use of the Florida junior colleges.
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and SB 76-X
(68) was read the third time in full and passed, as amended.
The vote was:
Yeas-67

Representatives Beck, Craig, Clark and Reedy were recorded
as voting Yea; Representatives Bevis, Pratt, and Scarborough,
were recorded as voting Nay; and Representatives Campbell,
Conway, Crider, Culbreath, Elmore, Gillespie, Inman, Rust,
Stevens, Tucker, Tyre, Williams, and Yancey changed their vote
from Yea to Nay.
PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 76-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.

EXPLANATION OF VOTE ON SB 76-X(68)
I voted against SB 76-X(68), as amended, for the reason
that my support at the Special Session is restricted to the
K-12 program only.
Representative S. Gordon Blalock
SB 98-X(68)-A bill to be entitled An act relating to edu-

OF REPRESENTATIVES February 9, 1968

cation; textbooks; providing an appropriation; and providing
an effective date.
-was taken up.
On motion by Mr. Reed, the rules were waived and SB
98-X(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
In Section 1, on page 1, line 6, strike "three million dollars
($3,000,000.00)" and insert the following: XXX dollars
($XXX)
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and SB 98-X
(68) was read the third time in full and passed, as amended.
The vote was:

PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 98-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
SB 81-X(68)-A bill to be entitled An act relating to educa-
tion in the field of vocational-technical and general adult edu-
cation; providing a planned program budget submitted to the
state board of vocational education for supplemental funds;
providing an appropriation; providing an effective date.
-was taken up.
On motion by Mr. Reed, the rules were waived and SB 81-X
(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
In Section 1, on page 1, line 10, strike "one million two hun-
dred eighteen thousand dollars ($1,218,000.00)" and insert the
following: XXX dollars ($XXX)
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and SB 81-X
(68) was read the third time in full and passed, as amended.

PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 81-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately certi-
fied to the Senate, after engrossment.
SB 86-X(68)-A bill to be entitled An act relating to excep-
tional child education; expressing the intent of the legislature
in passing this act; making appropriations for scholarships
and in-service training for exceptional education personnel, for
capital outlay for critical facilities and specialized equipment,
for specialized education consultants, and for research; pro-
viding an effective date.
-was taken up.
On motion by Mr. Reed, the rules were waived and SB
86-X(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
On page 1, line 11, strike all after the enacting clause and
insert the following: It is hereby appropriated XXX dollars
($XXX) for the education of the exceptional children of Flor-
ida.
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and SB 86-
X(68) was read the third time in full and passed, as amended.
The vote was:
Yeas-75

PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 86-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately certi-
fied to the Senate, after engrossment.
HB 175-X(68) was taken up. On motion by Mr. Harris, SB
82-X(68) a similar or companion measure on the Calendar,
was taken up in lieu of HB 175-X(68).
SB 82-X(68)-A bill to be entitled An act making appro-
priations; providing moneys for provision of vocational re-
habilitation services to disabled individuals; specifying certain
conditions of expenditure; authorizing state budget commis-
sion to establish certain positions; providing an effective date.
On motion by Mr. Harris, the rules were waived and SB 82-
X(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
On page 2, line 30, strike all after the Enacting Clause and
insert the following: There is hereby appropriated XXX dol-
lars ($XXX) for vocational rehabilitation services for Florida's
disabled citizens.
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Harris, the rules were waived and SB
82-X(68) was read the third time in full and passed, as amend-
ed. The vote was:

PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 82-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately cer-
tified to the Senate, after engrossment.
SB 79-X(68)-A bill to be entitled An act relating to edu-
cation, providing an appropriation to the state board of educa-
tion for the purpose of funding the deficit between the amount
of employer's share of retirement matching and that amount
of funds provided county boards of public instruction under the
provisions of section 236.075(3), Florida Statutes; providing an
effective date.
-was taken up.
On motion by Mr. Smith, the rules were waived and SB
79-X(68) was read the second time by title.
Representatives Reed and Matthews offered the following
amendment:
In Section 1, on page 1, line 12, strike "eight million ten
thousand dollars ($8,010,000.00)" and insert the following:
XXX dollars ($XXX)
Mr. Reed moved the adoption of the amendment which was
adopted.

On motion by Mr. Smith, the rules were
79-X(68) was read the third time in full
amended. The vote was:

Representatives Bevis, Conway, Gillespie, Inman, Scarborough,
and Tyre were recorded as voting Nay; and Representatives
Campbell, Crider, Culbreath, Elmore, Stevens, Tucker, and
Williams changed their vote from Yea to Nay.

PAIR VOTE
I am paired wih Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 79-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately
certified to the Senate, after engrossment.
SB 61-X(68)-A bill to be entitled An act making appro-
priations; providing moneys for the fiscal year beginning July

1, 1968 to pay salaries, and other expenses of the state univer-
sity system; providing an effective date.
-was taken up.
On motion by Mr. Ashler, the rules were waived and SB 61-X
(68) was read the second time by title.
Representatives Tucker and Miers offered the following amend-
ment:
In Section 1, on page 2, immediately after line 3, insert the
following:
Florida State University Lump Sum-College of Law for
purchase of law books $250,000
Mr. Tucker moved the adoption of the amendment which
failed of adoption.
Representatives Reed and Matthews offered the following
amendment:
On page 1, line 10, strike all after the Enacting Clause and
insert the following: There is hereby appropriated XXX dollars
($XXX) to the Board of Regents to be utilized in the institu-
tions of higher learning of Florida.
Mr. Reed moved the adoption of the amendment which was
adopted.
On motion by Mr. Reed, the rules were waived and SB 61-X
(68) was read the third time in full and passed, as amended.
The vote was:

Representatives Gautier and Spicola were recorded as voting
Yea; Representatives Bevis, Conway, Gillespie, and Tyre
were recorded as voting Nay; and Representatives Campbell,
Crider, Culbreath, Elmore, Stevens, Tucker, and Williams
changed their vote from Yea to Nay.

PAIR VOTE
I am paired with Representative James. If he were present,
he would have voted Nay and I would have voted Yea on the
final passage of SB 61-X(68).
Representative John J. Savage
By waiver of the rule, the bill was ordered immediately
certified to the Senate, after engrossment.
EXPLANATIONS OF VOTE ON SB's 76-X(68), 98-X(68),
81-X(68), 86-X(68), 82-X(68), 79-X(68), and 61-X(68)
I voted on all bills that called for X dollars only to get these
bills to conference committee to expedite this legislation.
Representative Jess Yarborough
I did not vote against the appropriation bills cited above
because I opposed the purposes for which they were drafted.
I voted against the amendments which deleted sums of money
and replaced them with blanks. This was an unnecessary dele-

nation of legislative authority to a small select conference com-
mittee. I was elected by the people to represent them and help
decide these matters. I have no intention to relinquish this
responsibility and authority to six of my colleagues who then
will report back a decision where my vote is limited to accept-
ance or rejection without right of revision or amendment.
Representative William M. Register, Jr.
I voted against the Senate Bills listed above because I cannot
vote for any bill with an XXX amount even though I favor
many of the programs contained in these bills.
Representative Don Nichols
Representative Quillian S. Yancey
Representative William H. Bevis
I refrained from voting on SB's 76-X(68), 98-X(68), 81-X(68),
86-X(68), 82-X(68), 79-X(68), and 61-X(68), however much in
sympathy I am with the programs involved and recognizing the
urgency to get these bills to conference, because I cannot
conscientiously put my name to blank checks.
Representative E. C. Rowell
On motion by Mr. Rowell, the rules were waived and the
House reverted to the Order of-

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 9, 1968

Sir:
I am directed to inform the House of Representatives that
the President of the Senate has appointed Senators Boyd,
Friday, Chiles, Askew, Slade and Young as a Conference Com-
mittee on the part of the Senate to confer with a like committee
to be appointed by the Speaker of the House of Representatives
to adjust the differences existing between the two Bodies on
House amendments to SB 69-X(68).
Respectfully,
Edwin G. Fraser
Secretary of the Senate
Thereupon the Speaker appointed Representatives Ashler, Mc-
Nulty, and Smith as the Conference Committee on the part of
the House.
The action of the House was ordered certified to the Senate.
MR. ROWELL IN THE CHAIR
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Stone and others-
SB 111-X(68)-A bill to be entitled An act to be known as
the Florida revenue act of 1968; prescribing the rate of taxes,
licenses and fees administered by or for the benefit of the State
of Florida; prescribing the fund into which such taxes, licenses
and fees are to be paid; and providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 111-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Finance
& Taxation.
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that

the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed as
amended-

By Senator Home and others-
SB 135-X(68)-A bill to be entitled An act relating to the
legislature; providing for permanent standing committees of
each house and their powers and duties; creating the joint legis-
lative management committee to supervise the legislature's
service divisions; repealing 11.21, F. S., which creates the
legislative council; creating the fiscal accounting division and
providing its duties, etc., amending sections of chapter 11, F. S.,
to conform; repealing 11.281-11.29, F. S., providing effective
date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 135-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
February 9, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-

By Senators Askew and Broxson-
SCR 143-X(68)-A concurrent resolution commending Bonnie
Sue Folkers and recognizing her scholastic achievement, poise
and appearance and outstanding ability in being selected as
Florida's First Lady of Youth.
-and requests the concurrence of the House therein.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 143-X(68), contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.

THE SPEAKER IN THE CHAIR

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 9, 1968

Sir:

I am directed to inform the House of Representatives that
the Senate has refused to concur in House amendments to-

SB 61-X(68)
SB 77-X(68)
SB 76-X(68)
SB 79-X(68)

SB 81-X(68)
SB 82-X(68)
SB 86-X(68)
SB 98-X(68)

-and the President of the Senate has appointed Senators
Boyd, Friday, Chiles, Askew, Slade, and Young as a Conference
Committee on the part of the Senate and requests the Speaker
of the House to appoint a like committee on the part of the
House to adjust the differences.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

On motion by Mr. Schultz, the request of the Senate was
granted.
Thereupon the Speaker appointed Representatives Schultz,
Smith, Spicola, Harris, Savage, and De Young as the Conference
Committee on the part of the House and the action of the House,
together with the Senate bills and House amendments thereto,
was ordered certified to the Senate,

91

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 9, 1968

ENGROSSING REPORTS
February 9, 1968

Your Engrossing Clerk
SB 77-X(68)
SB 86-X(68)
SB 61-X(68)
SB 79-X(68)

to whom was referred-
SB 81-X(68)
SB 98-X(68)
SB 76-X(68)
SB 82-X(68)

-with amendments, reports the amendments have been
examined and the bills are herewith returned.
-and the bills with amendments, were ordered immediately
certified to the Senate.
February 9, 1968
Your Engrossing Clerk to whom was referred-
CS for HB 60-X(68)

-with amendments, reports the amendments have been in-
corporated and the bill is herewith returned.
-and the bill was ordered immediately certified to the Senate.

ENROLLING REPORT
Your Enrolling Clerk to whom was referred-
HCR 154-X(68)
-reports same has been properly enrolled, signed by the re-
quired constitutional officers and presented to the Governor on
February 8, 1968.
Allen Morris, Clerk

Adjournment
On motion by Mr. Schultz, the House adjourned at 6:45 P.M.
to reconvene at 12:00 Noon, Monday, February 12.

92

February 9, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE 13
FROM FEBRUARY 5, 1968 THROUGH FEBRUARY 9, 1968

Particular
Duration of Representation
Name and Address Entity Represented and Address Representation Involved

94

Direct Assoc.
or Ptnrshp.
w/Legislator

None

None

None

None

None

None

None

None

None

Note: Under Rule 13, persons registering as lobbyists are required to state whether their status as such be "continuous" or
"for a particular session." A list of those persons who have registered as "continuous" since the enrollment began for the 1967-68
House may be obtained from the Office of the Clerk. No re-registration for this Special Session has been required of those who
originally registered on a continuing basis.

I -- ------

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]

SPECIAL SESSION

MONDAY, FEBRUARY 12, 1968

The House was called to order by the Speaker at 12:00 Noon.
The following Members were recorded present:

Prayer
Prayer by Dr. Fred T. Laughon, Chaplain:
Greater love hath no man than this, that a man should
lay down his life for his friends. Here, Oh Lord, are peo-
ple who are giving themselves away for their friends in
the state of Florida. Thou knowest how extremely hard
it is to serve mankind. Grant that none here will be
afraid and run from the opportunity, but that each shall
reach up to grasp it with enthusiasm and joy. During
these days of critical decisions, help them, Oh Lord, as
they help their friends to help as many as possible and
hurt as few as possible. Aware of Thy support, we thank
Thee in our Lord's name. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of February 9 was ordered corrected and ap-
proved as follows: On page 60, column 2, lines 28 and 29 from
the top, strike "confronting" and insert "conferring". On page
62, column 1, line 31 from top, strike "11.281.11.29," and
insert "sections 11.281-11.29,". On page 64, column 1, on the

introducer of SB 53-X(68), strike "Ashler" and insert "As-
kew", and in column 2, on the introducers of SB 61-X(68),
strike "Ashler" and insert "Askew". On page 65, column 1,
line 25 from the bottom, strike "236.07" and insert "236.04".
On page 70, column 1, strike line 21 from top and insert the
following: "60-X(68) which passed as amended.", and on line
10 from the bottom, after "Statutes;" insert the following:
"relating to duties of instructional personnel;".

Withdrawal of Paired Vote
Mr. Sweeny stated he had found it necessary to leave the
House on Friday afternoon during the consideration of SB
77-X(68). He joined in a pair in anticipation of final pass-
age of the bill in its status at that moment. However, sub-
sequently, the character of the bill was changed by amend-
ment. If present, Mr. Sweeny would have voted Yea, instead
of the Nay reflected by the pair.

Record Vote
Representative Tillman was recorded as voting Nay on the
passage of SB's 76-X(68), 98-X(68), and 81-X(68), which
passed the House on February 9.

Motion Relating to Committee Reference
On motion by Mr. Wells, Chairman of Judiciary A, the com-
mittee was granted an additional ten days for the considera-
tion of HJR 21-X(68), HB's 16-X(68), 25-X(68), 26-X(68),
and 27-X(68).

Communication from the Governor
The Governor advised on February 9, that he had trans-
mitted HCR 154-X(68) to the Office of the Secretary of State.

INTRODUCTION AND REFERENCE
By Representative Lewis-
HB 246-X(68)-A bill to be entitled An act relating to edu-
cation; creating section 231.60, Florida Statutes, authorizing
district boards of public instruction to recognize certain profes-
sional employee organizations as the representative for profes-
sional employees for the purpose of meeting, conferring, nego-
tiating and entering into agreements with district boards of
public instruction; amending section 230.22(1), Florida Stat-
utes, deleting provision authorizing district boards of public
instruction to recognize and reach agreement only with commit-
tees representing all work levels of instructional and adminis-
trative personnel; and repealing all laws in conflict herewith;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Brantley-
HB 247-X(68)-A bill to be entitled An act amending sub-

By Representative Hartnett-
HB 249-X(68)-A bill to be entitled An act relating to coun-
ty school systems; amending section 230.23(9)(b), Florida
Statutes, by adding subparagraph 10; authorizing county
boards of public instruction to enter into lease and lease-
purchase contracts with private individuals and corporations
for periods up to thirty (30) years; requiring rentals under
such contracts to be paid from current or other legally available
funds; requiring building plans to be approved by board of edu-
cation; requiring approval of other contractual provisions by
the board of administration; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representatives Pfeiffer, Davis, McNulty, and Powell-
HB 250-X(68)-A bill to be entitled An act relating to Bre.
vard County, school plant; providing for school system capital
improvements; authorizing the Board of Public Instruction to
issue revenue certificates for payment thereof; providing for
payment of principal and interest from race track funds and
jai alai fronton funds accruing annually to said Board; provid-
ing an effective date.
Evidence of notice and publication was
established by the House as to HB 250-X(68).
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Pfeiffer, Davis, McNulty, and Powell-
HB 251-X(68)-A bill to be entitled An act relating to the
acquisition, construction, erection, building, enlarging and im-
proving of school buildings, and the furnishing and equipping
of school buildings of Brevard County, Florida and the acquisi-
tion of school equipment; authorizing the issuance of certificates
of indebtedness by the board of public instruction of Brevard
County, Florida, payable from funds allocated for current ex-
penses pursuant to Section 236.07(5), Florida Statutes or from
sales tax receipts accruing annually to the board of public in-
struction pursuant to Section 236.075, Florida Statutes, to pay
the cost of such projects; and providing an effective date.
Evidence of notice and publication was
established by the House as to HB 251-X(68).
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representative Elmore-
HB 252-X(68)-A bill to be entitled An act relating to the
Division of Corrections, purchases by all counties having a
population of not less than sixty thousand (60,000) nor more
than sixty-six thousand (66,000), according to the latest offi-
cial decennial census; authorizing the board of public instruc-
tion to purchase foodstuffs, canned goods and other prod-
ucts from the Division of Corrections; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Featherstone-
HB 253-X(68)-A bill to be entitled An act relating to the

state superintendent of public instruction; providing for the
registering of information relating to scholarships for stu-
dents in community junior colleges; requiring the state super-

intendent of public instruction to distribute such information
to county school superintendents; requiring county school
superintendents to distribute such information to senior high
schools; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.
On motion by Mr. Sweeny, HB's 254-X(68), 255-X(68), and
256-X(68) were admitted for introduction and consideration
by the required Constitutional two-thirds vote. The vote was:

By Representative Crider-
HB 254-X(68)-A bill to be entitled An act amending Sec-
tion 561.47(1), Florida Statutes; providing discount for col-
lection; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Crider-
HB 255-X(68)-A bill to be entitled An act making addi-
tional appropriations; providing moneys for the period be-
ginning April 1, 1968, and July 1, 1968, to pay salaries, and
other expenses, capital outlay, and for other specified pur-
poses of the State Beverage Department; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Crider-
HB 256-X(68)-A bill to be entitled An act making a lump
sum general revenue appropriation providing moneys for the
collection of a floor tax with respect to beer, cigarettes and
spirituous liquor to the State Beverage Department; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Bevis, Tillman, Craig, Conway, Reedy,
Pfeiffer, Davis, J. M. Martinez, King, Nergard, Shadley, Gustaf-
son, Whitson, Powell, Poorbaugh, Rust, Tyre, Shaw, Papy,
Alvarez, Yarborough, Murphy, Fleece, Bird, Robinson, Gor-
man, Lindsey, Gibson, J. Fortune, Bassett, Ducker, Grizzle,
De Young, Humphrey, James, Grange, Walker, Kennelly, Bla-
lock, Mattox, Pratt, and Reed-
HB 257-X(68)-A bill to be entitled An act to prohibit
school principals and members of the administrative staffs of
the public schools as defined by law from becoming members
of any professional organization whose membership is made
up of more than fifty per cent (50%) of instructional person-

96

JOURNAL OF THE HOI

nel in the public schools of the state; providing that any
school principal or member of the administrative staff pres-
ently a member of such organization as a condition precedent
to continued employment beyond his current contract period
to resign from such organization; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Public School Education.

By Representative Yarborough-
HB 258-X(68)-A bill to be entitled An act relating to se-
curity officers employed by boards of public instruction of cer-
tain counties; providing for the sheriff or equivalent officer
of any such county to issue special deputy sheriff badges to
such officers; prescribing the powers of such security officers;
providing an effective date.
-was admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote, read the first time by
title and referred to the Committee on Public School Education.

By Representatives Poorbaugh, Rust, Humphrey, De Young,
Reed, Robinson, Gillespie, Nichols, and Conway-
HB 259-X(68)-A bill to be entitled An act providing for
the submission to the electors of a question relating to the
return of 5% of the federal income tax to the state where it
was collected; providing for submission at the May 7, 1968
primary election; providing for the counting and publishing
of results; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Osborne-
HB 260-X(68)-A bill to be entitled An act relating to the
state attorney in judicial circuits including therein a county
having a population of not less than three hundred fifty thou-
sand (350,000) nor more than three hundred eighty-five thou-
sand (385,000), according to the latest official decennial cen-
sus; repealing chapter 65-1177, Laws of Florida, providing for
investigators for the state attorney; describing duties of such
investigators; providing compensation; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Reed, Dubbin, and Register-
HB 261-X(68)-A bill to be entitled An act relating to the
prohibition against secret societies in public schools; amend-
ing section 232.39, Florida Statutes, by adding the Florida
federation of women' clubs to the approved group of organ-
izations which may sponsor any junior organization or so-
ciety.
-was placed temporarily in the Committee on Rules & Cal-
endar.

MESSAGES FROM THE SENATE
February 12, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended--

By the Committee on Finance and Taxation-
SB 113-X(68)-A bill to be entitled An act amending sec-
tions 212.02(6),(9),(12),(16), 212.03(1),(3), 212.04(1), 212.05,
212.06(1), 212.08(3),(5),(6),(7),(10) and 212.12(10), Florida
Statutes; removing certain exemptions and raising the tax on
items presently taxed at three per cent (3%) to four per cent

(4%); taxing motor vehicles, farm equipment and industrial
machinery at three per cent (3%); imposing a four per cent
(4%) tax on the rental of commercial offices and buildings,
the rental of privately owned parking and docking facili-

February 12, 1968

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

February 9, 1968

I am directed to inform the House of Representatives that
the Senate has passed-
By the Committee on Finance and Taxation-
SB 114-X(68)-A bill to be entitled An act to amend sec-
tion 561.46, Florida Statutes, by raising the excise tax on
malt beverages by four cents (40) per gallon when sold in
bulk and one-half cent (V2) on each pint or fraction thereof;
allowing a three per cent credit to licensed distributors of
malt beverages for collecting excise taxes, keeping records,
furnishing bond and properly remitting excise taxes to the
state; providing for an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 114-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Finance &
Taxation.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 12, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-
By the Committee on Finance and Taxation-
SB 115-X(68)--A bill to be entitled An act relating to tax-
ation of spirituous beverages; amending section 561.46 (5)(a)
and (6)(a), Florida Statutes, to increase the beverage tax one
dollar and twenty-three cents ($1.23) and two dollars and
forty-six cents ($2.46) respectively; providing a severability
clause; providing an appropriation; providing an effective
date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 115-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Finance &
Taxation.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

February 12, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-
By the Committee on Finance and Taxation-
SB 116-X(68)-A bill to be entitled An act relating to the
taxation of cigarettes; amending sections 210.02(3), (4), and
(5) and 210.20(2) (a), Florida Statutes, to increase the cig-
arette tax two cents (20) per package; extending distribu-
tion of tax collected in unincorporated areas to all counties;

USE OF REPRESENTATIVES 97

ties, intrastate telephone and telegraph services, the sale of
electric power, certain fuels, newspapers, magazines, ice
equipment used by commercial fisheries and charges for films
and transcriptions and other expendable items in producing
radio or television broadcasts; repealing sections 212.08(4),
(8)(f) and 212.11(3), Florida Statutes; providing for an ef-
fective date.
-and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 113-X(68), contained in the above message, was read the
first time by title and referred to the Committee on Finance &
Taxation.